Full Text of HB3084 100th General Assembly
HB3084enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 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 changing | 5 | | 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) Except as otherwise provided in subsection (a-5), any | 10 | | person who drives or is in actual physical control of a motor
| 11 | | vehicle on any highway of this State at a time when such | 12 | | person's driver's
license, permit or privilege to do so or the | 13 | | privilege to obtain a driver's
license or permit is revoked or | 14 | | suspended as provided by this Code or the law
of another state, | 15 | | except as may be specifically allowed by a judicial driving
| 16 | | permit issued prior to January 1, 2009, monitoring device | 17 | | driving permit, family financial responsibility driving | 18 | | permit, probationary
license to drive, or a restricted driving | 19 | | permit issued pursuant to this Code
or under the law of another | 20 | | state, shall be guilty of a Class A misdemeanor.
| 21 | | (a-3) A second or subsequent violation of subsection (a) of | 22 | | this Section is a Class 4 felony if committed by a person whose | 23 | | driving or operation of a motor vehicle is the proximate cause |
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| 1 | | of a motor vehicle accident that causes personal injury or | 2 | | death to another. For purposes of this subsection, a personal | 3 | | injury includes any Type A injury as indicated on the traffic | 4 | | accident report completed by a law enforcement officer that | 5 | | requires immediate professional attention in either a doctor's | 6 | | office or a medical facility. A Type A injury includes severe | 7 | | bleeding wounds, distorted extremities, and injuries that | 8 | | require the injured party to be carried from the scene. | 9 | | (a-5) Any person who violates this Section as provided in | 10 | | subsection (a) while his or her driver's license, permit or | 11 | | privilege is revoked because of a violation of Section 9-3 of | 12 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 13 | | relating to the offense of reckless homicide , or a violation of | 14 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 15 | | 11-501 of this Code, relating to the offense of aggravated | 16 | | driving under the influence of alcohol, other drug or drugs, or | 17 | | intoxicating compound or compounds, or any combination thereof | 18 | | when the violation was a proximate cause of a death, or a | 19 | | similar provision of a law of another state, is guilty of a | 20 | | Class 4 felony. The person shall be required to undergo a | 21 | | professional evaluation, as provided in Section 11-501 of this | 22 | | Code, to determine if an alcohol, drug, or intoxicating | 23 | | compound problem exists and the extent of the problem, and to | 24 | | undergo the imposition of treatment as appropriate.
| 25 | | (a-10) A person's driver's license, permit, or privilege to | 26 | | obtain a driver's license or permit may be subject to multiple |
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| 1 | | revocations, multiple suspensions, or any combination of both | 2 | | simultaneously. No revocation or suspension shall serve to | 3 | | negate, invalidate, cancel, postpone, or in any way lessen the | 4 | | effect of any other revocation or suspension entered prior or | 5 | | subsequent to any other revocation or suspension. | 6 | | (b) (Blank). | 7 | | (b-1) Upon receiving a report of the conviction of any | 8 | | violation indicating a person was operating a motor vehicle | 9 | | during the time when the person's driver's license, permit or | 10 | | privilege was suspended by the Secretary of State or the | 11 | | driver's licensing administrator of another state, except as | 12 | | specifically allowed by a probationary license, judicial | 13 | | driving permit, restricted driving permit or monitoring device | 14 | | driving permit the Secretary shall extend the suspension for | 15 | | the same period of time as the originally imposed suspension | 16 | | unless the suspension has already expired, in which case the | 17 | | Secretary shall be authorized to suspend the person's driving | 18 | | privileges for the same period of time as the originally | 19 | | imposed suspension. | 20 | | (b-2) Except as provided in subsection (b-6), upon | 21 | | receiving a report of the conviction of any violation | 22 | | indicating a person was operating a motor vehicle when the | 23 | | person's driver's license, permit or privilege was revoked by | 24 | | the Secretary of State or the driver's license administrator of | 25 | | any other state, except as specifically allowed by a restricted | 26 | | driving permit issued pursuant to this Code or the law of |
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| 1 | | another state, the Secretary shall not issue a driver's license | 2 | | for an additional period of one year from the date of such | 3 | | conviction indicating such person was operating a vehicle | 4 | | during such period of revocation. | 5 | | (b-3) (Blank).
| 6 | | (b-4) When the Secretary of State receives a report of a | 7 | | conviction of any violation indicating a person was operating a | 8 | | motor vehicle that was not equipped with an ignition interlock | 9 | | device during a time when the person was prohibited from | 10 | | operating a motor vehicle not equipped with such a device, the | 11 | | Secretary shall not issue a driver's license to that person for | 12 | | an additional period of one year from the date of the | 13 | | conviction.
| 14 | | (b-5) Any person convicted of violating this Section shall | 15 | | serve a minimum
term of imprisonment of 30 consecutive days or | 16 | | 300
hours of community service
when the person's driving | 17 | | privilege was revoked or suspended as a result of a violation | 18 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012,
relating to the offense of reckless homicide, or | 20 | | a violation of subparagraph (F) of paragraph (1) of subsection | 21 | | (d) of Section 11-501 of this Code, relating to the offense of | 22 | | aggravated driving under the influence of alcohol, other drug | 23 | | or drugs, or intoxicating compound or compounds, or any | 24 | | combination thereof when the violation was a proximate cause of | 25 | | a death, or a similar provision of a law of another state.
| 26 | | (b-6) Upon receiving a report of a first conviction of |
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| 1 | | operating a motor vehicle while the person's driver's license, | 2 | | permit or privilege was revoked where the revocation was for a | 3 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012 relating to the offense of reckless | 5 | | homicide , or a violation of subparagraph (F) of paragraph (1) | 6 | | of subsection (d) of Section 11-501 of this Code, relating to | 7 | | the offense of aggravated driving under the influence of | 8 | | alcohol, other drug or drugs, or intoxicating compound or | 9 | | compounds, or any combination thereof when the violation was a | 10 | | proximate cause of a death, or a similar out-of-state offense, | 11 | | the Secretary shall not issue a driver's license for an | 12 | | 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:
| 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
| 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
| 2 | | (3)
a statutory summary suspension or revocation under | 3 | | Section 11-501.1 of this
Code.
| 4 | | Such sentence of imprisonment or community service shall | 5 | | not be subject
to suspension in order to reduce such sentence.
| 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.
| 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:
| 13 | | (1) Seizure of the license plates of the person's | 14 | | vehicle.
| 15 | | (2) Immobilization of the person's vehicle for a period | 16 | | of time
to be determined by the court.
| 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 or a restricted | 23 | | driving permit which requires the person to operate only motor | 24 | | vehicles equipped with an ignition interlock device and who is | 25 | | convicted of a violation of this Section as a result of | 26 | | operating or being in actual physical control of a motor |
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| 1 | | vehicle not equipped with an ignition interlock device at the | 2 | | time of the offense shall be guilty of a Class 4 felony and | 3 | | shall serve a minimum term of imprisonment of 30 days.
| 4 | | (c-5) Any person convicted of a second violation of this
| 5 | | Section is guilty of a Class 2 felony, is not eligible for | 6 | | probation or conditional discharge, and shall serve a mandatory | 7 | | term of
imprisonment, if: | 8 | | (1) the current violation occurred when the person's | 9 | | driver's license was suspended or revoked for a violation | 10 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 11 | | Code of 2012, relating
to the offense of reckless homicide, | 12 | | or a violation of subparagraph (F) of paragraph (1) of | 13 | | subsection (d) of Section 11-501 of this Code, relating to | 14 | | the offense of aggravated driving under the influence of | 15 | | alcohol, other drug or drugs, or intoxicating compound or | 16 | | compounds, or any combination thereof when the violation | 17 | | was a proximate cause of a death, or a similar out-of-state | 18 | | offense; and | 19 | | (2) the prior conviction under this Section occurred | 20 | | while the person's driver's license was suspended or | 21 | | revoked for a violation of Section 9-3 of the Criminal Code | 22 | | of 1961 or the Criminal Code of 2012 relating to the | 23 | | offense of reckless homicide, or a violation of | 24 | | subparagraph (F) of paragraph (1) of subsection (d) of | 25 | | Section 11-501 of this Code, relating to the offense of | 26 | | aggravated driving under the influence of alcohol, other |
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| 1 | | drug or drugs, or intoxicating compound or compounds, or | 2 | | any combination thereof when the violation was a proximate | 3 | | cause of a death, or a similar out-of-state offense, or was | 4 | | suspended or revoked for a violation of Section 11-401 or | 5 | | 11-501 of this Code, a similar out-of-state offense, a | 6 | | similar provision of a local ordinance, or a statutory | 7 | | summary suspension or revocation under Section 11-501.1 of | 8 | | this Code.
| 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: | 13 | | (1) the current violation occurred when the person's | 14 | | driver's license was suspended or revoked for a violation | 15 | | of Section 11-401 or 11-501 of this Code,
a similar | 16 | | out-of-state offense, a similar provision of a local
| 17 | | ordinance, or a
statutory summary suspension or revocation | 18 | | under Section 11-501.1 of this Code; and | 19 | | (2) the prior conviction under this Section occurred | 20 | | while the person's driver's license was suspended or | 21 | | revoked for a violation of Section 11-401 or 11-501 of this | 22 | | Code, a similar out-of-state offense, a similar provision | 23 | | of a local ordinance, or a statutory summary suspension or | 24 | | revocation under Section 11-501.1 of this Code, or for a | 25 | | violation of Section 9-3 of the Criminal Code of 1961 or | 26 | | the Criminal Code of 2012, relating to the offense of |
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| 1 | | reckless homicide, or a violation of subparagraph (F) of | 2 | | paragraph (1) of subsection (d) of Section 11-501 of this | 3 | | Code, relating to the offense of aggravated driving under | 4 | | the influence of alcohol, other drug or drugs, or | 5 | | intoxicating compound or compounds, or any combination | 6 | | thereof when the violation was a proximate cause of a | 7 | | death, or a similar out-of-state offense.
| 8 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 9 | | (d-3), any
person convicted of
a third or subsequent violation | 10 | | of this Section shall serve a minimum term of
imprisonment of | 11 | | 30 days or 300 hours of community service, as determined by the
| 12 | | court.
| 13 | | (d-2) Any person convicted of a third violation of this
| 14 | | Section is guilty of a Class 4 felony and must serve a minimum | 15 | | term of
imprisonment of 30 days, if: | 16 | | (1) the current violation occurred when the person's | 17 | | driver's license was suspended or revoked for a violation | 18 | | of Section 11-401 or 11-501 of this Code,
or a similar | 19 | | out-of-state offense, or a similar provision of a local
| 20 | | ordinance, or a
statutory summary suspension or revocation | 21 | | under Section 11-501.1 of this Code; and | 22 | | (2) the prior convictions under this Section occurred | 23 | | while the person's driver's license was suspended or | 24 | | revoked for a violation of Section 11-401 or 11-501 of this | 25 | | Code, a similar out-of-state offense, a similar provision | 26 | | of a local ordinance, or a statutory summary suspension or |
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| 1 | | revocation under Section 11-501.1 of this Code, or for a | 2 | | violation of Section 9-3 of the Criminal Code of 1961 or | 3 | | the Criminal Code of 2012, relating to the offense of | 4 | | reckless homicide, or a violation of subparagraph (F) of | 5 | | paragraph (1) of subsection (d) of Section 11-501 of this | 6 | | Code, relating to the offense of aggravated driving under | 7 | | the influence of alcohol, other drug or drugs, or | 8 | | intoxicating compound or compounds, or any combination | 9 | | thereof when the violation was a proximate cause of a | 10 | | death, or a similar out-of-state offense.
| 11 | | (d-2.5) Any person convicted of a third violation of this
| 12 | | Section is guilty of a Class 1 felony, is not eligible for | 13 | | probation or conditional discharge, and must serve a mandatory | 14 | | term of
imprisonment, if: | 15 | | (1) the current violation occurred while the person's | 16 | | driver's license was suspended or revoked for a violation | 17 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 18 | | Code of 2012, relating to the offense of reckless homicide, | 19 | | or a violation of subparagraph (F) of paragraph (1) of | 20 | | subsection (d) of Section 11-501 of this Code, relating to | 21 | | the offense of aggravated driving under the influence of | 22 | | alcohol, other drug or drugs, or intoxicating compound or | 23 | | compounds, or any combination thereof when the violation | 24 | | was a proximate cause of a death, or a similar out-of-state | 25 | | offense.
The person's driving privileges shall be revoked | 26 | | for the remainder of the person's life; and |
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| 1 | | (2) the prior convictions under this Section occurred | 2 | | while the person's driver's license was suspended or | 3 | | revoked for a violation of Section 9-3 of the Criminal Code | 4 | | of 1961 or the Criminal Code of 2012, relating to the | 5 | | offense of reckless homicide, or a violation of | 6 | | subparagraph (F) of paragraph (1) of subsection (d) of | 7 | | Section 11-501 of this Code, relating to the offense of | 8 | | aggravated driving under the influence of alcohol, other | 9 | | drug or drugs, or intoxicating compound or compounds, or | 10 | | any combination thereof when the violation was a proximate | 11 | | cause of a death, or a similar out-of-state offense, or was | 12 | | suspended or revoked for a violation of Section 11-401 or | 13 | | 11-501 of this Code, a similar out-of-state offense, a | 14 | | similar provision of a local ordinance, or a statutory | 15 | | summary suspension or revocation under Section 11-501.1 of | 16 | | this Code. | 17 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 18 | | seventh, eighth, or ninth violation of this
Section is guilty | 19 | | of a Class 4 felony and must serve a minimum term of
| 20 | | imprisonment of 180 days, if: | 21 | | (1) the current violation occurred when the person's | 22 | | driver's license was suspended or revoked for a
violation | 23 | | of Section 11-401 or 11-501 of this Code, a similar | 24 | | out-of-state
offense, a similar provision of a local | 25 | | ordinance, or a statutory
summary suspension or revocation | 26 | | under Section 11-501.1 of this Code; and |
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| 1 | | (2) the prior convictions under this Section occurred | 2 | | while the person's driver's license was suspended or | 3 | | revoked for a violation of Section 11-401 or 11-501 of this | 4 | | Code, a similar out-of-state offense, a similar provision | 5 | | of a local ordinance, or a statutory summary suspension or | 6 | | revocation under Section 11-501.1 of this Code, or for a | 7 | | violation of Section 9-3 of the Criminal Code of 1961 or | 8 | | the Criminal Code of 2012, relating to the offense of | 9 | | reckless homicide, or a violation of subparagraph (F) of | 10 | | paragraph (1) of subsection (d) of Section 11-501 of this | 11 | | Code, relating to the offense of aggravated driving under | 12 | | the influence of alcohol, other drug or drugs, or | 13 | | intoxicating compound or compounds, or any combination | 14 | | thereof when the violation was a proximate cause of a | 15 | | death, or a similar out-of-state offense.
| 16 | | (d-3.5) Any person convicted of a fourth or subsequent | 17 | | violation of this
Section is guilty of a Class 1 felony, is not | 18 | | eligible for probation or conditional discharge, and must serve | 19 | | a mandatory term of
imprisonment, and is eligible for an | 20 | | extended term, if: | 21 | | (1) the current violation occurred when the person's | 22 | | driver's license was suspended or revoked for a
violation | 23 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 24 | | Code of 2012, relating to the offense of reckless homicide, | 25 | | or a violation of subparagraph (F) of paragraph (1) of | 26 | | subsection (d) of Section 11-501 of this Code, relating to |
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| 1 | | the offense of aggravated driving under the influence of | 2 | | alcohol, other drug or drugs, or intoxicating compound or | 3 | | compounds, or any combination thereof when the violation | 4 | | was a proximate cause of a death, or a similar out-of-state | 5 | | offense; and | 6 | | (2) the prior convictions under this Section occurred | 7 | | while the person's driver's license was suspended or | 8 | | revoked for a violation of Section 9-3 of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012, relating to the | 10 | | offense of reckless homicide, or a violation of | 11 | | subparagraph (F) of paragraph (1) of subsection (d) of | 12 | | Section 11-501 of this Code, relating to the offense of | 13 | | aggravated driving under the influence of alcohol, other | 14 | | drug or drugs, or intoxicating compound or compounds, or | 15 | | any combination thereof when the violation was a proximate | 16 | | cause of a death, or a similar out-of-state offense, or was | 17 | | suspended or revoked for a violation of Section 11-401 or | 18 | | 11-501 of this Code, a similar out-of-state offense, a | 19 | | similar provision of a local ordinance, or a statutory | 20 | | summary suspension or revocation under Section 11-501.1 of | 21 | | this Code.
| 22 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 23 | | thirteenth, or fourteenth violation of this Section is guilty | 24 | | of a Class 3 felony, and is not eligible for probation or | 25 | | conditional discharge, if: | 26 | | (1) the current violation occurred when the person's |
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| 1 | | driver's license was suspended or revoked for a violation | 2 | | of Section 11-401 or 11-501 of this Code, or a similar | 3 | | out-of-state offense, or a similar provision of a local | 4 | | ordinance, or a statutory summary suspension or revocation | 5 | | under Section 11-501.1 of this Code; and | 6 | | (2) the prior convictions under this Section occurred | 7 | | while the person's driver's license was suspended or | 8 | | revoked for a violation of Section 11-401 or 11-501 of this | 9 | | Code, a similar out-of-state offense, a similar provision | 10 | | of a local ordinance, or a statutory suspension or | 11 | | revocation under Section 11-501.1 of this Code, or for a | 12 | | violation of Section 9-3 of the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012, relating to the offense of | 14 | | reckless homicide, or a violation of subparagraph (F) of | 15 | | paragraph (1) of subsection (d) of Section 11-501 of this | 16 | | Code, relating to the offense of aggravated driving under | 17 | | the influence of alcohol, other drug or drugs, or | 18 | | intoxicating compound or compounds, or any combination | 19 | | thereof when the violation was a proximate cause of a | 20 | | death, or a similar out-of-state offense. | 21 | | (d-5) Any person convicted of a fifteenth or subsequent | 22 | | violation of this Section is guilty of a Class 2 felony, and is | 23 | | not eligible for probation or conditional discharge, if: | 24 | | (1) the current violation occurred when the person's | 25 | | driver's license was suspended or revoked for a violation | 26 | | of Section 11-401 or 11-501 of this Code, or a similar |
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| 1 | | out-of-state offense, or a similar provision of a local | 2 | | ordinance, or a statutory summary suspension or revocation | 3 | | under Section 11-501.1 of this Code; and | 4 | | (2) the prior convictions under this Section occurred | 5 | | while the person's driver's license was suspended or | 6 | | revoked for a violation of Section 11-401 or 11-501 of this | 7 | | Code, a similar out-of-state offense, a similar provision | 8 | | of a local ordinance, or a statutory summary suspension or | 9 | | revocation under Section 11-501.1 of this Code, or for a | 10 | | violation of Section 9-3 of the Criminal Code of 1961 or | 11 | | the Criminal Code of 2012, relating to the offense of | 12 | | reckless homicide, or a violation of subparagraph (F) of | 13 | | paragraph (1) of subsection (d) of Section 11-501 of this | 14 | | Code, relating to the offense of aggravated driving under | 15 | | the influence of alcohol, other drug or drugs, or | 16 | | intoxicating compound or compounds, or any combination | 17 | | thereof when the violation was a proximate cause of a | 18 | | death, or a similar out-of-state offense.
| 19 | | (e) Any person in violation of this Section who is also in | 20 | | violation of
Section 7-601 of this Code relating to mandatory | 21 | | insurance requirements, in
addition to other penalties imposed | 22 | | under this Section, shall have his or her
motor vehicle | 23 | | immediately impounded by the arresting law enforcement | 24 | | officer.
The motor vehicle may be released to any licensed | 25 | | driver upon a showing of
proof of insurance for the vehicle | 26 | | that was impounded and the notarized written
consent for the |
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| 1 | | release by the vehicle owner.
| 2 | | (f) For any prosecution under this Section, a certified | 3 | | copy of the
driving abstract of the defendant shall be admitted | 4 | | as proof of any prior
conviction.
| 5 | | (g) The motor vehicle used in a violation of this Section | 6 | | is subject
to seizure and forfeiture as provided in Sections | 7 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 8 | | driving privilege was revoked
or suspended as a result of: | 9 | | (1) a violation of Section 11-501 of this Code, a | 10 | | similar provision
of a local ordinance, or a similar | 11 | | provision of a law of another state; | 12 | | (2) a violation of paragraph (b) of Section 11-401 of | 13 | | this Code, a
similar provision of a local ordinance, or a | 14 | | similar provision of a law of another state; | 15 | | (3) a statutory summary suspension or revocation under | 16 | | Section 11-501.1 of this
Code or a similar provision of a | 17 | | law of another state; or | 18 | | (4) a violation of Section 9-3 of the Criminal Code of | 19 | | 1961 or the Criminal Code of 2012 relating to the offense | 20 | | of reckless homicide, or a violation of subparagraph (F) of | 21 | | paragraph (1) of subsection (d) of Section 11-501 of this | 22 | | Code, relating to the offense of aggravated driving under | 23 | | the influence of alcohol, other drug or drugs, or | 24 | | intoxicating compound or compounds, or any combination | 25 | | thereof when the violation was a proximate cause of a | 26 | | death, or a similar provision of a law of another state.
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| 1 | | (Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; | 2 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff. | 3 | | 1-1-16 .)
| 4 | | Section 10. The Criminal Code of 2012 is amended by | 5 | | changing Section 3-5 as follows:
| 6 | | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
| 7 | | Sec. 3-5. General limitations. | 8 | | (a) A prosecution for: (1) first degree murder, attempt to | 9 | | commit first
degree
murder, second degree murder,
involuntary | 10 | | manslaughter, reckless homicide, or a violation of | 11 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 12 | | 11-501 of the Illinois Vehicle Code for the offense of | 13 | | aggravated driving under the influence of alcohol, other drug | 14 | | or drugs, or intoxicating compound or compounds, or any | 15 | | combination thereof when the violation was a proximate cause of | 16 | | a death, leaving the scene of a motor vehicle accident | 17 | | involving death or personal injuries under Section 11-401 of | 18 | | the Illinois Vehicle Code, failing to give information and | 19 | | render aid under Section 11-403 of the Illinois Vehicle Code, | 20 | | concealment of homicidal
death, treason, arson, residential | 21 | | arson, aggravated arson, forgery, child pornography under | 22 | | paragraph (1) of subsection (a) of Section 11-20.1, aggravated | 23 | | child pornography under paragraph (1) of subsection (a) of | 24 | | Section 11-20.1B, or (2) any offense
involving sexual conduct |
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| 1 | | or sexual penetration, as defined by
Section 11-0.1 of this | 2 | | Code in which the DNA profile of the offender is
obtained and | 3 | | entered into a DNA database within 10 years after the | 4 | | commission
of the offense, may be commenced at any
time.
Clause | 5 | | (2) of this subsection (a) applies if either: (i) the victim | 6 | | reported the
offense to law enforcement authorities within 3 | 7 | | years after the commission
of the offense unless a longer | 8 | | period for reporting the offense to law
enforcement authorities
| 9 | | is provided in Section 3-6 or (ii) the victim is murdered | 10 | | during the course of the offense or within 2 years after the | 11 | | commission of the offense.
| 12 | | (a-5) A prosecution for theft of property exceeding | 13 | | $100,000 in value under Section 16-1, identity theft under | 14 | | subsection (a) of Section 16-30, aggravated identity theft | 15 | | under subsection (b) of Section 16-30, financial exploitation | 16 | | of an elderly person or a person with a disability under | 17 | | Section 17-56; or any offense set forth in Article 16H or | 18 | | Section 17-10.6 may be commenced within 7 years of the last act | 19 | | committed in furtherance of the crime. | 20 | | (b) Unless the statute describing the offense provides | 21 | | otherwise, or the
period of limitation is extended by Section | 22 | | 3-6, a prosecution for any
offense not designated in subsection | 23 | | (a) or (a-5) must be commenced within 3 years
after the | 24 | | commission of the offense if it is a felony, or within one year
| 25 | | and 6 months after its commission if it is a misdemeanor.
| 26 | | (Source: P.A. 98-265, eff. 1-1-14; 99-820, eff. 8-15-16.)
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