Rep. Susana A. Mendoza
Filed: 2/17/2010
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1 | AMENDMENT TO HOUSE BILL 2490
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2 | AMENDMENT NO. ______. Amend House Bill 2490, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
6 | changing Section 6-303 as follows:
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7 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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8 | Sec. 6-303. Driving while driver's license, permit or | ||||||
9 | privilege to
operate a motor vehicle is suspended or revoked.
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10 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
11 | person who drives or is in actual physical control of a motor
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12 | vehicle on any highway of this State at a time when such | ||||||
13 | person's driver's
license, permit or privilege to do so or the | ||||||
14 | privilege to obtain a driver's
license or permit is revoked or | ||||||
15 | suspended as provided by this Code or the law
of another state, | ||||||
16 | except as may be specifically allowed by a judicial driving
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1 | permit issued prior to January 1, 2009, monitoring device | ||||||
2 | driving permit, family financial responsibility driving | ||||||
3 | permit, probationary
license to drive, or a restricted driving | ||||||
4 | permit issued pursuant to this Code
or under the law of another | ||||||
5 | state, shall be guilty of a Class A misdemeanor.
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6 | (a-5) Any person who violates this Section as provided in | ||||||
7 | subsection (a) while his or her driver's license, permit or | ||||||
8 | privilege is revoked because of a violation of Section 9-3 of | ||||||
9 | the Criminal Code of 1961, relating to the offense of reckless | ||||||
10 | homicide or a similar provision of a law of another state, is | ||||||
11 | guilty of a Class 4 felony. The person shall be required to | ||||||
12 | undergo a professional evaluation, as provided in Section | ||||||
13 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
14 | intoxicating compound problem exists and the extent of the | ||||||
15 | problem, and to undergo the imposition of treatment as | ||||||
16 | appropriate.
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17 | (b) (Blank). | ||||||
18 | (b-1) Upon receiving a report of the conviction of any | ||||||
19 | violation indicating a person was operating a motor vehicle | ||||||
20 | during the time when the person's driver's license, permit or | ||||||
21 | privilege was suspended by the Secretary of State or the | ||||||
22 | driver's licensing administrator of another state, except as | ||||||
23 | specifically allowed by a probationary license, judicial | ||||||
24 | driving permit, restricted driving permit or monitoring device | ||||||
25 | driving permit the Secretary shall extend the suspension for | ||||||
26 | the same period of time as the originally imposed suspension |
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1 | unless the suspension has already expired, in which case the | ||||||
2 | Secretary shall be authorized to suspend the person's driving | ||||||
3 | privileges for the same period of time as the originally | ||||||
4 | imposed suspension. | ||||||
5 | (b-2) Except as provided in subsection (b-6), upon | ||||||
6 | receiving a report of the conviction of any violation | ||||||
7 | indicating a person was operating a motor vehicle when the | ||||||
8 | person's driver's license, permit or privilege was revoked by | ||||||
9 | the Secretary of State or the driver's license administrator of | ||||||
10 | any other state, except as specifically allowed by a restricted | ||||||
11 | driving permit issued pursuant to this Code or the law of | ||||||
12 | another state, the Secretary shall not issue a driver's license | ||||||
13 | for an additional period of one year from the date of such | ||||||
14 | conviction indicating such person was operating a vehicle | ||||||
15 | during such period of revocation. | ||||||
16 | (b-3) (Blank).
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17 | (b-4) When the Secretary of State receives a report of a | ||||||
18 | conviction of any violation indicating a person was operating a | ||||||
19 | motor vehicle that was not equipped with an ignition interlock | ||||||
20 | device during a time when the person was prohibited from | ||||||
21 | operating a motor vehicle not equipped with such a device, the | ||||||
22 | Secretary shall not issue a driver's license to that person for | ||||||
23 | an additional period of one year from the date of the | ||||||
24 | conviction.
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25 | (b-5) Any person convicted of violating this Section shall | ||||||
26 | serve a minimum
term of imprisonment of 30 consecutive days or |
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1 | 300
hours of community service
when the person's driving | ||||||
2 | privilege was revoked or suspended as a result of a violation | ||||||
3 | of Section 9-3 of the Criminal Code of 1961, as amended,
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4 | relating to the offense of reckless homicide, or a similar | ||||||
5 | provision of a law of another state.
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6 | (b-6) Upon receiving a report of a first conviction of | ||||||
7 | operating a motor vehicle while the person's driver's license, | ||||||
8 | permit or privilege was revoked where the revocation was for a | ||||||
9 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
10 | to the offense of reckless homicide or a similar out-of-state | ||||||
11 | offense, the Secretary shall not issue a driver's license for | ||||||
12 | an additional period of three years from the date of such | ||||||
13 | conviction. | ||||||
14 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
15 | person convicted of violating this Section shall serve a | ||||||
16 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
17 | of community service
when the person's driving privilege was | ||||||
18 | revoked or suspended as a result of:
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19 | (1) a violation of Section 11-501 of this Code or a | ||||||
20 | similar provision
of a local ordinance relating to the | ||||||
21 | offense of operating or being in physical
control of a | ||||||
22 | vehicle while under the influence of alcohol, any other | ||||||
23 | drug
or any combination thereof; or
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24 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
25 | this Code or a
similar provision of a local ordinance | ||||||
26 | relating to the offense of leaving the
scene of a motor |
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1 | vehicle accident involving personal injury or death; or
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2 | (3)
a statutory summary suspension under Section | ||||||
3 | 11-501.1 of this
Code.
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4 | Such sentence of imprisonment or community service shall | ||||||
5 | not be subject
to suspension in order to reduce such sentence.
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6 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
7 | person convicted of a
second violation of this Section shall be | ||||||
8 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
9 | community service.
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10 | (c-2) In addition to other penalties imposed under this | ||||||
11 | Section, the
court may impose on any person convicted a fourth | ||||||
12 | time of violating this
Section any of
the following:
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13 | (1) Seizure of the license plates of the person's | ||||||
14 | vehicle.
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15 | (2) Immobilization of the person's vehicle for a period | ||||||
16 | of time
to be determined by the court.
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17 | (c-3) Any person convicted of a violation of this Section | ||||||
18 | during a period of summary suspension imposed pursuant to | ||||||
19 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
20 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
21 | imprisonment of 30 days. | ||||||
22 | (c-4) Any person who has been issued a MDDP and who is | ||||||
23 | convicted of a violation of this Section as a result of | ||||||
24 | operating or being in actual physical control of a motor | ||||||
25 | vehicle not equipped with an ignition interlock device at the | ||||||
26 | time of the offense shall be guilty of a Class 4 felony and |
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1 | shall serve a minimum term of imprisonment of 30 days.
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2 | (c-5) Any person convicted of a second violation of this
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3 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
4 | probation or conditional discharge, and shall serve a mandatory | ||||||
5 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
6 | violation of Section 9-3 of the Criminal Code of 1961, relating
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7 | to the offense of reckless homicide, or a similar out-of-state | ||||||
8 | offense.
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9 | (d) Any person convicted of a second violation of this
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10 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
11 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
12 | community service, as determined by the
court, if the original
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13 | revocation or
suspension was for a violation of Section 11-401 | ||||||
14 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
15 | similar provision of a local
ordinance, or a
statutory summary | ||||||
16 | suspension under Section 11-501.1 of this Code.
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17 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
18 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
19 | of this Section shall serve a minimum term of
imprisonment of | ||||||
20 | 30 days or 300 hours of community service, as determined by the
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21 | court.
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22 | (d-2) Any person convicted of a third violation of this
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23 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
24 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
25 | was for a violation of Section 11-401 or 11-501 of this Code,
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26 | or a similar out-of-state offense, or a similar provision of a |
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1 | local
ordinance, or a
statutory summary suspension under | ||||||
2 | Section 11-501.1 of this Code.
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3 | (d-2.5) Any person convicted of a third violation of this
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4 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
5 | probation or conditional discharge, and must serve a mandatory | ||||||
6 | term of
imprisonment if the revocation or
suspension was for a | ||||||
7 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
8 | to the offense of reckless homicide, or a similar out-of-state | ||||||
9 | offense.
The person's driving privileges shall be revoked for | ||||||
10 | the remainder of the person's life. | ||||||
11 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
12 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
13 | of a Class 4 felony and must serve a minimum term of
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14 | imprisonment of 180 days if the revocation or suspension was | ||||||
15 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
16 | similar out-of-state
offense, or a similar provision of a local | ||||||
17 | ordinance , or a statutory
summary suspension under Section | ||||||
18 | 11-501.1 of this Code .
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19 | (d-3.3) Any person convicted of a fourth, fifth, sixth, | ||||||
20 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
21 | of a Class 4 felony and must serve a minimum term of
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22 | imprisonment of 180 days and abstain from consuming alcohol | ||||||
23 | while wearing a continuous alcohol monitoring device to verify | ||||||
24 | compliance for 270 days after imprisonment if the revocation or | ||||||
25 | suspension was for a
violation of Section 11-501 of this Code, | ||||||
26 | or a similar out-of-state
offense, or a similar provision of a |
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1 | local ordinance, or a statutory
summary suspension under | ||||||
2 | Section 11-501.1 of this Code. | ||||||
3 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
4 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
5 | eligible for probation or conditional discharge, and must serve | ||||||
6 | a mandatory term of
imprisonment, and is eligible for an | ||||||
7 | extended term, if the revocation or suspension was for a
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8 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
9 | to the offense of reckless homicide, or a similar out-of-state | ||||||
10 | offense.
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11 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
12 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
13 | of a Class 3 felony, and is not eligible for probation or | ||||||
14 | conditional discharge, if the revocation or suspension was for | ||||||
15 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
16 | similar out-of-state offense, or a similar provision of a local | ||||||
17 | ordinance , or a statutory summary suspension under Section | ||||||
18 | 11-501.1 of this Code . | ||||||
19 | (d-4.5) Any person convicted of a tenth, eleventh, twelfth, | ||||||
20 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
21 | of a Class 3 felony, and is not eligible for probation or | ||||||
22 | conditional discharge, if the revocation or suspension was for | ||||||
23 | a violation of Section 11-501 of this Code, or a similar | ||||||
24 | out-of-state offense, or a similar provision of a local | ||||||
25 | ordinance, or a statutory summary suspension under Section | ||||||
26 | 11-501.1 of this Code. Upon release, the person shall abstain |
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1 | from consuming alcohol and wear a continuous alcohol monitoring | ||||||
2 | device to verify compliance for 365 days after imprisonment. | ||||||
3 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
4 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
5 | not eligible for probation or conditional discharge, if the | ||||||
6 | revocation or suspension was for a violation of Section 11-401 | ||||||
7 | or 11-501 of this Code, or a similar out-of-state offense, or a | ||||||
8 | similar provision of a local ordinance , or a statutory summary | ||||||
9 | suspension under Section 11-501.1 of this Code .
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10 | (d-7) Any person convicted of a fifteenth or subsequent | ||||||
11 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
12 | not eligible for probation or conditional discharge, if the | ||||||
13 | revocation or suspension was for a violation of Section 11-501 | ||||||
14 | of this Code, or a similar out-of-state offense, or a similar | ||||||
15 | provision of a local ordinance, or a statutory summary | ||||||
16 | suspension under Section 11-501.1 of this Code. Upon release, | ||||||
17 | the person shall abstain from consuming alcohol and wear a | ||||||
18 | continuous alcohol monitoring device to verify compliance for | ||||||
19 | 365 days after imprisonment. | ||||||
20 | (e) Any person in violation of this Section who is also in | ||||||
21 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
22 | insurance requirements, in
addition to other penalties imposed | ||||||
23 | under this Section, shall have his or her
motor vehicle | ||||||
24 | immediately impounded by the arresting law enforcement | ||||||
25 | officer.
The motor vehicle may be released to any licensed | ||||||
26 | driver upon a showing of
proof of insurance for the vehicle |
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1 | that was impounded and the notarized written
consent for the | ||||||
2 | release by the vehicle owner.
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3 | (f) For any prosecution under this Section, a certified | ||||||
4 | copy of the
driving abstract of the defendant shall be admitted | ||||||
5 | as proof of any prior
conviction.
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6 | (g) The motor vehicle used in a violation of this Section | ||||||
7 | is subject
to seizure and forfeiture as provided in Sections | ||||||
8 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
9 | driving privilege was revoked
or suspended as a result of a | ||||||
10 | violation listed in paragraph (1) or (2) of subsection (c) of | ||||||
11 | this Section, as a result of a summary
suspension as provided | ||||||
12 | in paragraph (3) of subsection (c) of this
Section, or as a | ||||||
13 | result of a violation of Section 9-3 of the Criminal Code of | ||||||
14 | 1961 relating to the offense of reckless homicide.
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15 | (h) For the purposes of this Section, "continuous alcohol | ||||||
16 | monitoring device" means a device that automatically tests | ||||||
17 | breath, blood, or transdermal alcohol concentration levels at | ||||||
18 | least once every hour and detects tamper attempts, regardless | ||||||
19 | of the location of the person who is being monitored, and | ||||||
20 | regularly transmits such data. A person required to wear a | ||||||
21 | continuous alcohol monitoring device under this Section is | ||||||
22 | responsible for all costs of the device. | ||||||
23 | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | ||||||
24 | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | ||||||
25 | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised | ||||||
26 | 9-15-09.)".
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