093_HB1789eng

 
HB1789 Engrossed                     LRB093 06546 LCB 06672 b

 1        AN ACT concerning the operation of motor vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Section 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
 8    privilege to operate a motor vehicle is suspended or revoked.
 9        (a)  Any  person  who  drives  or  is  in actual physical
10    control of a motor vehicle on any highway of the  this  State
11    of  Illinois  at  a time when such person's driver's license,
12    permit or privilege to do so or the  privilege  to  obtain  a
13    driver's  license  or  permit  is  revoked  or  suspended  as
14    provided  by this Code or the law of another state, except as
15    may be specifically allowed by  a  judicial  driving  permit,
16    family  financial responsibility driving permit, probationary
17    license to drive,  or  a  restricted  driving  permit  issued
18    pursuant  to  this  Code  or  under the law of another state,
19    shall be guilty of a Class A misdemeanor.
20        (b)  The Secretary of State upon receiving  a  report  of
21    the  conviction  of  any  violation  indicating  a person was
22    operating a motor vehicle during the time when said  person's
23    driver's  license,  permit  or privilege was suspended by the
24    Secretary, by the appropriate authority of another state,  or
25    pursuant  to  Section 11-501.1; except as may be specifically
26    allowed by a probationary license to drive, judicial  driving
27    permit  or  restricted driving permit issued pursuant to this
28    Code or the law of another state; shall extend the suspension
29    for the  same  period  of  time  as  the  originally  imposed
30    suspension;  however,  if  the  period of suspension has then
31    expired, the Secretary shall be authorized  to  suspend  said
 
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 1    person's  driving  privileges  for the same period of time as
 2    the originally imposed suspension; and if the conviction  was
 3    upon  a  charge  which  indicated that a vehicle was operated
 4    during the time when the person's driver's license, permit or
 5    privilege  was  revoked;  except  as  may  be  allowed  by  a
 6    restricted driving permit issued pursuant to this Code or the
 7    law of  another  state;  the  Secretary  shall  not  issue  a
 8    driver's  license  for  an additional period of one year from
 9    the date  of  such  conviction  indicating  such  person  was
10    operating a vehicle during such period of revocation.
11        (c)  Any person convicted of violating this Section shall
12    serve  a  minimum term of imprisonment of 10 consecutive days
13    or 30 days of community service  when  the  person's  driving
14    privilege was revoked or suspended as a result of:
15             (1)  a violation of Section 11-501 of this Code or a
16        similar  provision  of  a local ordinance relating to the
17        offense of operating or being in physical  control  of  a
18        vehicle  while  under the influence of alcohol, any other
19        drug or any combination thereof; or
20             (2)  a violation of paragraph (b) of Section  11-401
21        of  this Code or a similar provision of a local ordinance
22        relating to the offense of leaving the scene of  a  motor
23        vehicle accident involving personal injury or death; or
24             (3)  a violation of Section 9-3 of the Criminal Code
25        of  1961, as amended, relating to the offense of reckless
26        homicide; or
27             (4)  a statutory summary  suspension  under  Section
28        11-501.1 of this Code.
29        Such  sentence of imprisonment or community service shall
30    not  be  subject  to  suspension  in  order  to  reduce  such
31    sentence.
32        (c-1)  Except as provided in subsection (d),  any  person
33    convicted  of  a  second  violation  of this Section shall be
34    ordered by the court to serve  a  minimum  of  100  hours  of
 
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 1    community service.
 2        (c-2)  In  addition to other penalties imposed under this
 3    Section, the court may  impose  on  any  person  convicted  a
 4    fourth time of violating this Section any of the following:
 5             (1)  Seizure  of  the license plates of the person's
 6        vehicle.
 7             (2)  Immobilization of the person's  vehicle  for  a
 8        period of time to be determined by the court.
 9        (d)  Any  person  convicted of a second violation of this
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
13    revocation  or  suspension  was  for  a  violation of Section
14    11-401 or 11-501 of this  Code,  or  a  similar  out-of-state
15    offense,  or  a  similar  provision  of  a local ordinance, a
16    violation of Section  9-3  of  the  Criminal  Code  of  1961,
17    relating  to  the  offense of reckless homicide, or a similar
18    out-of-state offense, or a statutory summary suspension under
19    Section 11-501.1 of this Code.
20        (d-1)  Except  as  provided  in  subsection   (d-2)   and
21    subsection   (d-3),  any  person  convicted  of  a  third  or
22    subsequent violation of this Section shall  serve  a  minimum
23    term  of  imprisonment  of  30 days or 300 hours of community
24    service, as determined by the court.
25        (d-2)  Any person convicted of a third violation of  this
26    Section  is  guilty  of  a  Class  4  felony and must serve a
27    minimum term of imprisonment of 30 days if the revocation  or
28    suspension was for a violation of Section 11-401 or 11-501 of
29    this  Code,  or  a similar out-of-state offense, or a similar
30    provision of a local ordinance, a violation of Section 9-3 of
31    the Criminal  Code  of  1961,  relating  to  the  offense  of
32    reckless  homicide,  or  a similar out-of-state offense, or a
33    statutory summary suspension under Section 11-501.1  of  this
34    Code.
 
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 1        (d-3)  Any  person  convicted  of  a fourth or subsequent
 2    violation of this Section is guilty of a Class 4  felony  and
 3    must  serve a minimum term of imprisonment of 180 days if the
 4    revocation or suspension  was  for  a  violation  of  Section
 5    11-401  or  11-501  of  this  Code, or a similar out-of-state
 6    offense, or a similar  provision  of  a  local  ordinance,  a
 7    violation  of  Section  9-3  of  the  Criminal  Code of 1961,
 8    relating to the offense of reckless homicide,  or  a  similar
 9    out-of-state offense, or a statutory summary suspension under
10    Section 11-501.1 of this Code.
11        (e)  Any  person in violation of this Section who is also
12    in violation of  Section  7-601  of  this  Code  relating  to
13    mandatory   insurance  requirements,  in  addition  to  other
14    penalties imposed under this Section, shall have his  or  her
15    motor  vehicle  immediately  impounded  by  the arresting law
16    enforcement officer. The motor vehicle may be released to any
17    licensed driver upon a showing of proof of insurance for  the
18    vehicle  that was impounded and the notarized written consent
19    for the release by the vehicle owner.
20        (f)  For any prosecution under this Section, a  certified
21    copy  of  the  driving  abstract  of  the  defendant shall be
22    admitted as proof of any prior conviction.
23        (g)  The motor  vehicle  used  in  a  violation  of  this
24    Section  is  subject to seizure and forfeiture as provided in
25    Sections 36-1 and 36-2 of the Criminal Code of  1961  if  the
26    person's  driving  privilege  was  revoked  or suspended as a
27    result of a violation listed in paragraph (1), (2), or (3) of
28    subsection (c) of this Section or as a result  of  a  summary
29    suspension  as provided in paragraph (4) of subsection (c) of
30    this Section.
31    (Source: P.A. 91-692, eff.  4-13-00;  92-340,  eff.  8-10-01;
32    92-688, eff. 7-16-02.)