Full Text of HB0888 94th General Assembly
HB0888 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0888
Introduced 2/2/2005, by Rep. John J. Millner SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-303 |
from Ch. 95 1/2, par. 6-303 |
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Amends the Illinois Vehicle Code. Provides that any person convicted of a fifth, sixth, seventh, eighth, or ninth (rather than a fifth or subsequent) offense of driving on a revoked or suspended license or permit is guilty of a Class 4 felony if the revocation or suspension was for a hit-and-run or a DUI violation of the Code or a similar out-of-state offense or a similar provision of a local ordinance or reckless homicide or a statutory summary suspension under the Code. Provides that a person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth offense is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for one of those violations. Provides that person convicted of a fifteenth or subsequent offense is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for one of those violations.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0888 |
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LRB094 05938 DRH 35993 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-303 as follows:
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| (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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| Sec. 6-303. Driving while driver's license, permit or | 8 |
| privilege to
operate a motor vehicle is suspended or revoked.
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| (a) Any person who drives or is in actual physical control | 10 |
| of a motor
vehicle on any highway of this State at a time when | 11 |
| such person's driver's
license, permit or privilege to do so or | 12 |
| the privilege to obtain a driver's
license or permit is revoked | 13 |
| or suspended as provided by this Code or the law
of another | 14 |
| state, except as may be specifically allowed by a judicial | 15 |
| driving
permit, family financial responsibility driving | 16 |
| permit, probationary
license to drive, or a restricted driving | 17 |
| permit issued pursuant to this Code
or under the law of another | 18 |
| state, shall be guilty of a Class A misdemeanor.
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| (b) The Secretary of State upon receiving a report of the | 20 |
| conviction
of any violation indicating a person was operating a | 21 |
| motor vehicle during
the time when said person's driver's | 22 |
| license, permit or privilege was
suspended by the Secretary, by | 23 |
| the appropriate authority of another state,
or pursuant to | 24 |
| Section 11-501.1; except as may
be specifically allowed by a | 25 |
| probationary license to drive, judicial
driving permit or | 26 |
| restricted driving permit issued pursuant to this Code or
the | 27 |
| law of another state;
shall extend the suspension for the same | 28 |
| period of time as the originally
imposed suspension; however, | 29 |
| if the period of suspension has then expired,
the Secretary | 30 |
| shall be authorized to suspend said person's driving
privileges | 31 |
| for the same period of time as the originally imposed
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| suspension; and if the conviction was upon a charge which |
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HB0888 |
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LRB094 05938 DRH 35993 b |
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| indicated that a
vehicle was operated during the time when the | 2 |
| person's driver's license,
permit or privilege was revoked; | 3 |
| except as may be allowed by a restricted
driving permit issued | 4 |
| pursuant to this Code or the law of another state;
the | 5 |
| Secretary shall not issue
a driver's license for an additional | 6 |
| period of one year from the date of
such conviction indicating | 7 |
| such person was operating a vehicle during such
period of | 8 |
| revocation.
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| (c) Any person convicted of violating this Section shall | 10 |
| serve a minimum
term of imprisonment of 10 consecutive days or | 11 |
| 30
days of community service
when the person's driving | 12 |
| privilege was revoked or suspended as a result of:
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| (1) a violation of Section 11-501 of this Code or a | 14 |
| similar provision
of a local ordinance relating to the | 15 |
| offense of operating or being in physical
control of a | 16 |
| vehicle while under the influence of alcohol, any other | 17 |
| drug
or any combination thereof; or
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| (2) a violation of paragraph (b) of Section 11-401 of | 19 |
| this Code or a
similar provision of a local ordinance | 20 |
| relating to the offense of leaving the
scene of a motor | 21 |
| vehicle accident involving personal injury or death; or
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| (3) a violation of Section 9-3 of the Criminal Code of | 23 |
| 1961, as amended,
relating to the offense of reckless | 24 |
| homicide; or
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| (4) a statutory summary suspension under Section | 26 |
| 11-501.1 of this
Code.
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| Such sentence of imprisonment or community service shall | 28 |
| not be subject
to suspension in order to reduce such sentence.
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| (c-1) Except as provided in subsection (d), any person | 30 |
| convicted of a
second violation of this Section shall be | 31 |
| ordered by the court to serve a
minimum
of 100 hours of | 32 |
| community service.
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| (c-2) In addition to other penalties imposed under this | 34 |
| Section, the
court may impose on any person convicted a fourth | 35 |
| time of violating this
Section any of
the following:
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| (1) Seizure of the license plates of the person's |
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HB0888 |
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LRB094 05938 DRH 35993 b |
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| vehicle.
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| (2) Immobilization of the person's vehicle for a period | 3 |
| of time
to be determined by the court.
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| (d) Any person convicted of a second violation of this
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| Section shall be guilty of a Class 4 felony and shall serve a | 6 |
| minimum term of
imprisonment of 30 days or 300 hours of | 7 |
| community service, as determined by the
court, if the
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| revocation or
suspension was for a violation of Section 11-401 | 9 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 10 |
| similar provision of a local
ordinance, a violation of Section | 11 |
| 9-3 of the Criminal Code of 1961, relating
to the offense of | 12 |
| reckless homicide, or a similar out-of-state offense, or a
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| statutory summary suspension under Section 11-501.1 of this | 14 |
| Code.
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| (d-1) Except as provided in subsection (d-2) and subsection | 16 |
| (d-3), any
person convicted of
a third or subsequent violation | 17 |
| of this Section shall serve a minimum term of
imprisonment of | 18 |
| 30 days or 300 hours of community service, as determined by the
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| court.
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| (d-2) Any person convicted of a third violation of this
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| Section is guilty of a Class 4 felony and must serve a minimum | 22 |
| term of
imprisonment of 30 days if the revocation or
suspension | 23 |
| was for a violation of Section 11-401 or 11-501 of this Code,
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| or a similar out-of-state offense, or a similar provision of a | 25 |
| local
ordinance, a violation of Section 9-3 of the Criminal | 26 |
| Code of 1961, relating
to the offense of reckless homicide, or | 27 |
| a similar out-of-state offense, or a
statutory summary | 28 |
| suspension under Section 11-501.1 of this Code.
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| (d-3) Any person convicted of a fourth , fifth, sixth, | 30 |
| seventh, eighth, or ninth
or subsequent violation of this
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| Section is guilty of a Class 4 felony and must serve a minimum | 32 |
| term of
imprisonment of 180 days if the revocation or | 33 |
| suspension was for a
violation of Section 11-401 or 11-501 of | 34 |
| this Code, or a similar out-of-state
offense, or a similar | 35 |
| provision of a local ordinance, a violation of
Section 9-3 of | 36 |
| the Criminal Code of 1961, relating to the offense of
reckless |
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| homicide, or a similar out-of-state offense, or a statutory
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| summary suspension under Section 11-501.1 of this Code.
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| (d-4) Any person convicted of a tenth, eleventh, twelfth, | 4 |
| thirteenth, or fourteenth violation of this Section is guilty | 5 |
| of a Class 3 felony, and is not eligible for probation or | 6 |
| conditional discharge, if the revocation or suspension was for | 7 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 8 |
| similar out-of-state offense, or a similar provision of a local | 9 |
| ordinance, a violation of Section 9-3 of the Criminal Code of | 10 |
| 1961, relating to the offense of reckless homicide, or a | 11 |
| similar out-of-state offense, or a statutory summary | 12 |
| suspension under Section 11-501.1 of this Code. | 13 |
| (d-5) Any person convicted of a fifteenth or subsequent | 14 |
| violation of this Section is guilty of a Class 2 felony, and is | 15 |
| not eligible for probation or conditional discharge, if the | 16 |
| revocation or suspension was for a violation of Section 11-401 | 17 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 18 |
| similar provision of a local ordinance, a violation of Section | 19 |
| 9-3 of the Criminal Code of 1961, relating to the offense of | 20 |
| reckless homicide, or a similar out-of-state offense, or a | 21 |
| statutory summary suspension under Section 11-501.1 of this | 22 |
| Code.
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| (e) Any person in violation of this Section who is also in | 24 |
| violation of
Section 7-601 of this Code relating to mandatory | 25 |
| insurance requirements, in
addition to other penalties imposed | 26 |
| under this Section, shall have his or her
motor vehicle | 27 |
| immediately impounded by the arresting law enforcement | 28 |
| officer.
The motor vehicle may be released to any licensed | 29 |
| driver upon a showing of
proof of insurance for the vehicle | 30 |
| that was impounded and the notarized written
consent for the | 31 |
| release by the vehicle owner.
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| (f) For any prosecution under this Section, a certified | 33 |
| copy of the
driving abstract of the defendant shall be admitted | 34 |
| as proof of any prior
conviction.
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| (g) The motor vehicle used in a violation of this Section | 36 |
| is subject
to seizure and forfeiture as provided in Sections |
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LRB094 05938 DRH 35993 b |
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| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 2 |
| driving privilege was revoked
or suspended as a result of a | 3 |
| violation listed in paragraph (1), (2), or
(3) of subsection | 4 |
| (c) of this Section or as a result of a summary
suspension as | 5 |
| provided in paragraph (4) of subsection (c) of this
Section.
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| (Source: P.A. 91-692, eff.
4-13-00; 92-340, eff. 8-10-01; | 7 |
| 92-688, eff. 7-16-02.)
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