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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-303 as follows:
 
6    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
7    Sec. 6-303. Driving while driver's license, permit or
8privilege to operate a motor vehicle is suspended or revoked.
9    (a) Except as otherwise provided in subsection (a-5), any
10person who drives or is in actual physical control of a motor
11vehicle on any highway of this State at a time when such
12person's driver's license, permit or privilege to do so or the
13privilege to obtain a driver's license or permit is revoked or
14suspended as provided by this Code or the law of another state,
15except as may be specifically allowed by a judicial driving
16permit issued prior to January 1, 2009, monitoring device
17driving permit, family financial responsibility driving
18permit, probationary license to drive, or a restricted driving
19permit issued pursuant to this Code or under the law of another
20state, shall be guilty of a Class A misdemeanor.
21    (a-3) A second or subsequent violation of subsection (a) of
22this Section is a Class 4 felony if committed by a person whose
23driving or operation of a motor vehicle is the proximate cause

 

 

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1of a motor vehicle accident that causes personal injury or
2death to another. For purposes of this subsection, a personal
3injury includes any Type A injury as indicated on the traffic
4accident report completed by a law enforcement officer that
5requires immediate professional attention in either a doctor's
6office or a medical facility. A Type A injury includes severe
7bleeding wounds, distorted extremities, and injuries that
8require the injured party to be carried from the scene.
9    (a-5) Any person who violates this Section as provided in
10subsection (a) while his or her driver's license, permit or
11privilege is revoked because of a violation of Section 9-3 of
12the Criminal Code of 1961 or the Criminal Code of 2012,
13relating to the offense of reckless homicide or a similar
14provision of a law of another state, is guilty of a Class 4
15felony. The person shall be required to undergo a professional
16evaluation, as provided in Section 11-501 of this Code, to
17determine if an alcohol, drug, or intoxicating compound problem
18exists and the extent of the problem, and to undergo the
19imposition of treatment as appropriate.
20    (b) (Blank).
21    (b-1) Upon receiving a report of the conviction of any
22violation indicating a person was operating a motor vehicle
23during the time when the person's driver's license, permit or
24privilege was suspended by the Secretary of State or the
25driver's licensing administrator of another state, except as
26specifically allowed by a probationary license, judicial

 

 

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1driving permit, restricted driving permit or monitoring device
2driving permit the Secretary shall extend the suspension for
3the same period of time as the originally imposed suspension
4unless the suspension has already expired, in which case the
5Secretary shall be authorized to suspend the person's driving
6privileges for the same period of time as the originally
7imposed suspension.
8    (b-2) Except as provided in subsection (b-6), upon
9receiving a report of the conviction of any violation
10indicating a person was operating a motor vehicle when the
11person's driver's license, permit or privilege was revoked by
12the Secretary of State or the driver's license administrator of
13any other state, except as specifically allowed by a restricted
14driving permit issued pursuant to this Code or the law of
15another state, the Secretary shall not issue a driver's license
16for an additional period of one year from the date of such
17conviction indicating such person was operating a vehicle
18during such period of revocation.
19    (b-3) (Blank).
20    (b-4) When the Secretary of State receives a report of a
21conviction of any violation indicating a person was operating a
22motor vehicle that was not equipped with an ignition interlock
23device during a time when the person was prohibited from
24operating a motor vehicle not equipped with such a device, the
25Secretary shall not issue a driver's license to that person for
26an additional period of one year from the date of the

 

 

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1conviction.
2    (b-5) Any person convicted of violating this Section shall
3serve a minimum term of imprisonment of 30 consecutive days or
4300 hours of community service when the person's driving
5privilege was revoked or suspended as a result of a violation
6of Section 9-3 of the Criminal Code of 1961 or the Criminal
7Code of 2012, relating to the offense of reckless homicide, or
8a similar provision of a law of another state.
9    (b-6) Upon receiving a report of a first conviction of
10operating a motor vehicle while the person's driver's license,
11permit or privilege was revoked where the revocation was for a
12violation of Section 9-3 of the Criminal Code of 1961 or the
13Criminal Code of 2012 relating to the offense of reckless
14homicide or a similar out-of-state offense, the Secretary shall
15not issue a driver's license for an additional period of three
16years from the date of such conviction.
17    (c) Except as provided in subsections (c-3) and (c-4), any
18person convicted of violating this Section shall serve a
19minimum term of imprisonment of 10 consecutive days or 30 days
20of community service when the person's driving privilege was
21revoked or suspended as a result of:
22        (1) a violation of Section 11-501 of this Code or a
23    similar provision of a local ordinance relating to the
24    offense of operating or being in physical control of a
25    vehicle while under the influence of alcohol, any other
26    drug or any combination thereof; or

 

 

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1        (2) a violation of paragraph (b) of Section 11-401 of
2    this Code or a similar provision of a local ordinance
3    relating to the offense of leaving the scene of a motor
4    vehicle accident involving personal injury or death; or
5        (3) a statutory summary suspension or revocation under
6    Section 11-501.1 of this Code.
7    Such sentence of imprisonment or community service shall
8not be subject to suspension in order to reduce such sentence.
9    (c-1) Except as provided in subsections (c-5) and (d), any
10person convicted of a second violation of this Section shall be
11ordered by the court to serve a minimum of 100 hours of
12community service.
13    (c-2) In addition to other penalties imposed under this
14Section, the court may impose on any person convicted a fourth
15time of violating this Section any of the following:
16        (1) Seizure of the license plates of the person's
17    vehicle.
18        (2) Immobilization of the person's vehicle for a period
19    of time to be determined by the court.
20    (c-3) Any person convicted of a violation of this Section
21during a period of summary suspension imposed pursuant to
22Section 11-501.1 when the person was eligible for a MDDP shall
23be guilty of a Class 4 felony and shall serve a minimum term of
24imprisonment of 30 days.
25    (c-4) Any person who has been issued a MDDP and who is
26convicted of a violation of this Section as a result of

 

 

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1operating or being in actual physical control of a motor
2vehicle not equipped with an ignition interlock device at the
3time of the offense shall be guilty of a Class 4 felony and
4shall serve a minimum term of imprisonment of 30 days.
5    (c-5) Any person convicted of a second violation of this
6Section is guilty of a Class 2 felony, is not eligible for
7probation or conditional discharge, and shall serve a mandatory
8term of imprisonment, if the revocation or suspension was for a
9violation of Section 9-3 of the Criminal Code of 1961 or the
10Criminal Code of 2012, relating to the offense of reckless
11homicide, or a similar out-of-state offense.
12    (d) Any person convicted of a second violation of this
13Section shall be guilty of a Class 4 felony and shall serve a
14minimum term of imprisonment of 30 days or 300 hours of
15community service, as determined by the court, if the original
16revocation or suspension was for a violation of Section 11-401
17or 11-501 of this Code, or a similar out-of-state offense, or a
18similar provision of a local ordinance, or a statutory summary
19suspension or revocation under Section 11-501.1 of this Code.
20    (d-1) Except as provided in subsections (d-2), (d-2.5), and
21(d-3), any person convicted of a third or subsequent violation
22of this Section shall serve a minimum term of imprisonment of
2330 days or 300 hours of community service, as determined by the
24court.
25    (d-2) Any person convicted of a third violation of this
26Section is guilty of a Class 4 felony and must serve a minimum

 

 

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1term of imprisonment of 30 days if the revocation or suspension
2was for a violation of Section 11-401 or 11-501 of this Code,
3or a similar out-of-state offense, or a similar provision of a
4local ordinance, or a statutory summary suspension or
5revocation under Section 11-501.1 of this Code.
6    (d-2.5) Any person convicted of a third violation of this
7Section is guilty of a Class 1 felony, is not eligible for
8probation or conditional discharge, and must serve a mandatory
9term of imprisonment if the revocation or suspension was for a
10violation of Section 9-3 of the Criminal Code of 1961 or the
11Criminal Code of 2012, relating to the offense of reckless
12homicide, or a similar out-of-state offense. The person's
13driving privileges shall be revoked for the remainder of the
14person's life.
15    (d-3) Any person convicted of a fourth, fifth, sixth,
16seventh, eighth, or ninth violation of this Section is guilty
17of a Class 4 felony and must serve a minimum term of
18imprisonment of 180 days if the revocation or suspension was
19for a violation of Section 11-401 or 11-501 of this Code, or a
20similar out-of-state offense, or a similar provision of a local
21ordinance, or a statutory summary suspension or revocation
22under Section 11-501.1 of this Code.
23    (d-3.5) Any person convicted of a fourth or subsequent
24violation of this Section is guilty of a Class 1 felony, is not
25eligible for probation or conditional discharge, and must serve
26a mandatory term of imprisonment, and is eligible for an

 

 

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1extended term, if the revocation or suspension was for a
2violation of Section 9-3 of the Criminal Code of 1961 or the
3Criminal Code of 2012, relating to the offense of reckless
4homicide, or a similar out-of-state offense.
5    (d-4) Any person convicted of a tenth, eleventh, twelfth,
6thirteenth, or fourteenth violation of this Section is guilty
7of a Class 3 felony, and is not eligible for probation or
8conditional discharge, if the revocation or suspension was for
9a violation of Section 11-401 or 11-501 of this Code, or a
10similar out-of-state offense, or a similar provision of a local
11ordinance, or a statutory summary suspension or revocation
12under Section 11-501.1 of this Code.
13    (d-5) Any person convicted of a fifteenth or subsequent
14violation of this Section is guilty of a Class 2 felony, and is
15not eligible for probation or conditional discharge, if the
16revocation or suspension was for a violation of Section 11-401
17or 11-501 of this Code, or a similar out-of-state offense, or a
18similar provision of a local ordinance, or a statutory summary
19suspension or revocation under Section 11-501.1 of this Code.
20    (e) Any person in violation of this Section who is also in
21violation of Section 7-601 of this Code relating to mandatory
22insurance requirements, in addition to other penalties imposed
23under this Section, shall have his or her motor vehicle
24immediately impounded by the arresting law enforcement
25officer. The motor vehicle may be released to any licensed
26driver upon a showing of proof of insurance for the vehicle

 

 

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1that was impounded and the notarized written consent for the
2release by the vehicle owner.
3    (f) For any prosecution under this Section, a certified
4copy of the driving abstract of the defendant shall be admitted
5as proof of any prior conviction.
6    (g) The motor vehicle used in a violation of this Section
7is subject to seizure and forfeiture as provided in Sections
836-1 and 36-2 of the Criminal Code of 2012 if the person's
9driving privilege was revoked or suspended as a result of:
10        (1) a violation of Section 11-501 of this Code, a
11    similar provision of a local ordinance, or a similar
12    provision of a law of another state;
13        (2) a violation of paragraph (b) of Section 11-401 of
14    this Code, a similar provision of a local ordinance, or a
15    similar provision of a law of another state;
16        (3) a statutory summary suspension or revocation under
17    Section 11-501.1 of this Code or a similar provision of a
18    law of another state; or
19        (4) a violation of Section 9-3 of the Criminal Code of
20    1961 or the Criminal Code of 2012 relating to the offense
21    of reckless homicide, or a similar provision of a law of
22    another state.
23(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
2496-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff.
251-1-13; 97-1150, eff. 1-25-13.)