Full Text of HB4863 97th General Assembly
HB4863ham002 97TH GENERAL ASSEMBLY | Rep. Norine Hammond Filed: 3/23/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4863
| 2 | | AMENDMENT NO. ______. Amend House Bill 4863 by replacing | 3 | | everything after the enacting clause with the following:
| 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) 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 |
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| 1 | | driving permit, family financial responsibility driving | 2 | | permit, probationary
license to drive, or a restricted driving | 3 | | permit issued pursuant to this Code
or under the law of another | 4 | | state, shall be guilty of a Class A misdemeanor.
| 5 | | (a-5) Any person who violates this Section as provided in | 6 | | subsection (a) while his or her driver's license, permit or | 7 | | privilege is revoked because of a violation of Section 9-3 of | 8 | | the Criminal Code of 1961, relating to the offense of reckless | 9 | | homicide or a similar provision of a law of another state, is | 10 | | guilty of a Class 4 felony. The person shall be required to | 11 | | undergo a professional evaluation, as provided in Section | 12 | | 11-501 of this Code, to determine if an alcohol, drug, or | 13 | | intoxicating compound problem exists and the extent of the | 14 | | problem, and to undergo the imposition of treatment as | 15 | | appropriate.
| 16 | | (b) (Blank). | 17 | | (b-1) Upon receiving a report of the conviction of any | 18 | | violation indicating a person was operating a motor vehicle | 19 | | during the time when the person's driver's license, permit or | 20 | | privilege was suspended by the Secretary of State or the | 21 | | driver's licensing administrator of another state, except as | 22 | | specifically allowed by a probationary license, judicial | 23 | | driving permit, restricted driving permit or monitoring device | 24 | | driving permit the Secretary shall extend the suspension for | 25 | | the same period of time as the originally imposed suspension | 26 | | unless the suspension has already expired, in which case the |
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| 1 | | Secretary shall be authorized to suspend the person's driving | 2 | | privileges for the same period of time as the originally | 3 | | imposed suspension. | 4 | | (b-2) Except as provided in subsection (b-6), upon | 5 | | receiving a report of the conviction of any violation | 6 | | indicating a person was operating a motor vehicle when the | 7 | | person's driver's license, permit or privilege was revoked by | 8 | | the Secretary of State or the driver's license administrator of | 9 | | any other state, except as specifically allowed by a restricted | 10 | | driving permit issued pursuant to this Code or the law of | 11 | | another state, the Secretary shall not issue a driver's license | 12 | | for an additional period of one year from the date of such | 13 | | conviction indicating such person was operating a vehicle | 14 | | during such period of revocation. | 15 | | (b-3) (Blank).
| 16 | | (b-4) When the Secretary of State receives a report of a | 17 | | conviction of any violation indicating a person was operating a | 18 | | motor vehicle that was not equipped with an ignition interlock | 19 | | device during a time when the person was prohibited from | 20 | | operating a motor vehicle not equipped with such a device, the | 21 | | Secretary shall not issue a driver's license to that person for | 22 | | an additional period of one year from the date of the | 23 | | conviction.
| 24 | | (b-5) Any person convicted of violating this Section shall | 25 | | serve a minimum
term of imprisonment of 30 consecutive days or | 26 | | 300
hours of community service
when the person's driving |
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| 1 | | privilege was revoked or suspended as a result of a violation | 2 | | of Section 9-3 of the Criminal Code of 1961, as amended,
| 3 | | relating to the offense of reckless homicide, or a similar | 4 | | provision of a law of another state.
| 5 | | (b-6) Upon receiving a report of a first conviction of | 6 | | operating a motor vehicle while the person's driver's license, | 7 | | permit or privilege was revoked where the revocation was for a | 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, the Secretary shall not issue a driver's license for | 11 | | an additional period of three years from the date of such | 12 | | conviction. | 13 | | (c) Except as provided in subsections (c-3) and (c-4), any | 14 | | person convicted of violating this Section shall serve a | 15 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 16 | | of community service
when the person's driving privilege was | 17 | | revoked or suspended as a result of:
| 18 | | (1) a violation of Section 11-501 of this Code or a | 19 | | similar provision
of a local ordinance relating to the | 20 | | offense of operating or being in physical
control of a | 21 | | vehicle while under the influence of alcohol, any other | 22 | | drug
or any combination thereof; or
| 23 | | (2) a violation of paragraph (b) of Section 11-401 of | 24 | | this Code or a
similar provision of a local ordinance | 25 | | relating to the offense of leaving the
scene of a motor | 26 | | vehicle accident involving personal injury or death; or
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| 1 | | (3)
a statutory summary suspension or revocation under | 2 | | Section 11-501.1 of this
Code.
| 3 | | Such sentence of imprisonment or community service shall | 4 | | not be subject
to suspension in order to reduce such sentence.
| 5 | | (c-1) Except as provided in subsections (c-5) and (d), any | 6 | | person convicted of a
second violation of this Section shall be | 7 | | ordered by the court to serve a
minimum
of 100 hours of | 8 | | community service.
| 9 | | (c-2) In addition to other penalties imposed under this | 10 | | Section, the
court may impose on any person convicted a fourth | 11 | | time of violating this
Section any of
the following:
| 12 | | (1) Seizure of the license plates of the person's | 13 | | vehicle.
| 14 | | (2) Immobilization of the person's vehicle for a period | 15 | | of time
to be determined by the court.
| 16 | | (c-3) Any person convicted of a violation of this Section | 17 | | during a period of summary suspension imposed pursuant to | 18 | | Section 11-501.1 when the person was eligible for a MDDP shall | 19 | | be guilty of a Class 4 felony and shall serve a minimum term of | 20 | | imprisonment of 30 days. | 21 | | (c-4) Any person who has been issued a MDDP and who is | 22 | | convicted of a violation of this Section as a result of | 23 | | operating or being in actual physical control of a motor | 24 | | vehicle not equipped with an ignition interlock device at the | 25 | | time of the offense shall be guilty of a Class 4 felony and | 26 | | shall serve a minimum term of imprisonment of 30 days.
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| 1 | | (c-5) Any person convicted of a second violation of this
| 2 | | Section is guilty of a Class 2 felony, is not eligible for | 3 | | probation or conditional discharge, and shall serve a mandatory | 4 | | term of
imprisonment, if the
revocation or
suspension was for a | 5 | | violation of Section 9-3 of the Criminal Code of 1961, relating
| 6 | | to the offense of reckless homicide, or a similar out-of-state | 7 | | offense.
| 8 | | (d) Any person convicted of a second violation of this
| 9 | | Section shall be guilty of a Class 4 felony and shall serve a | 10 | | minimum term of
imprisonment of 30 days or 300 hours of | 11 | | community service, as determined by the
court, if the original
| 12 | | revocation or
suspension was for a violation of Section 11-401 | 13 | | or 11-501 of this Code,
or a similar out-of-state offense, or a | 14 | | similar provision of a local
ordinance, or a
statutory summary | 15 | | suspension or revocation under Section 11-501.1 of this Code.
| 16 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 17 | | (d-3), any
person convicted of
a third or subsequent violation | 18 | | of this Section shall serve a minimum term of
imprisonment of | 19 | | 30 days or 300 hours of community service, as determined by the
| 20 | | court.
| 21 | | (d-2) Any person convicted of a third violation of this
| 22 | | Section is guilty of a Class 4 felony and must serve a minimum | 23 | | term of
imprisonment of 30 days if the revocation or
suspension | 24 | | was for a violation of Section 11-401 or 11-501 of this Code,
| 25 | | or a similar out-of-state offense, or a similar provision of a | 26 | | local
ordinance, or a
statutory summary suspension or |
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| 1 | | revocation under Section 11-501.1 of this Code.
| 2 | | (d-2.5) Any person convicted of a third violation of this
| 3 | | Section is guilty of a Class 1 felony, is not eligible for | 4 | | probation or conditional discharge, and must 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 | 7 | | to the offense of reckless homicide, or a similar out-of-state | 8 | | offense.
The person's driving privileges shall be revoked for | 9 | | the remainder of the person's life. | 10 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 11 | | seventh, eighth, or ninth violation of this
Section is guilty | 12 | | of a Class 4 felony and must serve a minimum term of
| 13 | | imprisonment of 180 days if the revocation or suspension was | 14 | | for a
violation of Section 11-401 or 11-501 of this Code, or a | 15 | | similar out-of-state
offense, or a similar provision of a local | 16 | | ordinance, or a statutory
summary suspension or revocation | 17 | | under Section 11-501.1 of this Code.
| 18 | | (d-3.5) Any person convicted of a fourth or subsequent | 19 | | violation of this
Section is guilty of a Class 1 felony, is not | 20 | | eligible for probation or conditional discharge, and must serve | 21 | | a mandatory term of
imprisonment, and is eligible for an | 22 | | extended term, if the revocation or suspension was for a
| 23 | | violation of Section 9-3 of the Criminal Code of 1961, relating | 24 | | to the offense of reckless homicide, or a similar out-of-state | 25 | | offense.
| 26 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
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| 1 | | thirteenth, or fourteenth violation of this Section is guilty | 2 | | of a Class 3 felony, and is not eligible for probation or | 3 | | conditional discharge, if the revocation or suspension was for | 4 | | a violation of Section 11-401 or 11-501 of this Code, or a | 5 | | similar out-of-state offense, or a similar provision of a local | 6 | | ordinance, or a statutory summary suspension or revocation | 7 | | under Section 11-501.1 of this Code. | 8 | | (d-5) Any person convicted of a fifteenth or subsequent | 9 | | violation of this Section is guilty of a Class 2 felony, and is | 10 | | not eligible for probation or conditional discharge, if the | 11 | | revocation or suspension was for a violation of Section 11-401 | 12 | | or 11-501 of this Code, or a similar out-of-state offense, or a | 13 | | similar provision of a local ordinance, or a statutory summary | 14 | | suspension or revocation under Section 11-501.1 of this Code.
| 15 | | (e) Any person in violation of this Section who is also in | 16 | | violation of
Section 7-601 of this Code relating to mandatory | 17 | | insurance requirements, in
addition to other penalties imposed | 18 | | under this Section, shall have his or her
motor vehicle | 19 | | immediately impounded by the arresting law enforcement | 20 | | officer.
The motor vehicle may be released to any licensed | 21 | | driver upon a showing of
proof of insurance for the vehicle | 22 | | that was impounded and the notarized written
consent for the | 23 | | release by the vehicle owner.
| 24 | | (f) For any prosecution under this Section, a certified | 25 | | copy of the
driving abstract of the defendant shall be admitted | 26 | | as proof of any prior
conviction.
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| 1 | | (g) The motor vehicle used in a violation of this Section | 2 | | is subject
to seizure and forfeiture as provided in Sections | 3 | | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 4 | | driving privilege was revoked
or suspended as a result of : | 5 | | (1) a violation of Section 11-501 of this Code, a | 6 | | similar provision
of a local ordinance, or a similar | 7 | | provision of a law of another state; | 8 | | (2) a violation of paragraph (b) of Section 11-401 of | 9 | | this Code, a
similar provision of a local ordinance, or a | 10 | | similar provision of a law of another state; | 11 | | (3) a statutory summary suspension or revocation under | 12 | | Section 11-501.1 of this
Code or a similar provision of a | 13 | | law of another state; or | 14 | | (4) a violation of Section 9-3 of the Criminal Code of | 15 | | 1961 relating to the offense of reckless homicide, or a | 16 | | similar provision of a law of another state. | 17 | | listed in paragraph (1) or (2) of subsection (c) of this | 18 | | Section, as a result of a summary
suspension or revocation as | 19 | | provided in paragraph (3) of subsection (c) of this
Section, or | 20 | | as a result of a violation of Section 9-3 of the Criminal Code | 21 | | of 1961 relating to the offense of reckless homicide.
| 22 | | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | 23 | | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | 24 | | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 25 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11 .)".
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