Full Text of SB1427 97th General Assembly
SB1427 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1427 Introduced 2/9/2011, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/6-303 | from Ch. 95 1/2, par. 6-303 |
|
Amends the Illinois Vehicle Code. Makes a technical change in a
Section concerning persons driving while their license is
suspended.
|
| |
| | A BILL FOR |
|
| | | SB1427 | | LRB097 06972 HEP 47065 b |
|
| 1 | | AN ACT concerning transportation.
| 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 | | (Text of Section before amendment by P.A. 96-1344 )
| 8 | | Sec. 6-303. Driving while driver's license, permit or | 9 | | privilege to
operate a motor vehicle is suspended or revoked.
| 10 | | (a) Except as otherwise provided in subsection (a-5), any | 11 | | person who drives or is in actual physical control of a motor
| 12 | | vehicle on any highway of this State at a time when such | 13 | | person's driver's
license, permit or privilege to do so or the
| 14 | | the privilege to obtain a driver's
license or permit is revoked | 15 | | or suspended as provided by this Code or the law
of another | 16 | | state, except as may be specifically allowed by a judicial | 17 | | driving
permit issued prior to January 1, 2009, monitoring | 18 | | device driving permit, family financial responsibility driving | 19 | | permit, probationary
license to drive, or a restricted driving | 20 | | permit issued pursuant to this Code
or under the law of another | 21 | | state, shall be guilty of a Class A misdemeanor. | 22 | | (a-5) Any person who violates this Section as provided in | 23 | | subsection (a) while his or her driver's license, permit or |
| | | SB1427 | - 2 - | LRB097 06972 HEP 47065 b |
|
| 1 | | privilege is revoked because of a violation of Section 9-3 of | 2 | | the Criminal Code of 1961, relating to the offense of reckless | 3 | | homicide or a similar provision of a law of another state, is | 4 | | guilty of a Class 4 felony. The person shall be required to | 5 | | undergo a professional evaluation, as provided in Section | 6 | | 11-501 of this Code, to determine if an alcohol, drug, or | 7 | | intoxicating compound problem exists and the extent of the | 8 | | problem, and to undergo the imposition of treatment as | 9 | | appropriate.
| 10 | | (b) (Blank). | 11 | | (b-1) Upon receiving a report of the conviction of any | 12 | | violation indicating a person was operating a motor vehicle | 13 | | during the time when the person's driver's license, permit or | 14 | | privilege was suspended by the Secretary of State or the | 15 | | driver's licensing administrator of another state, except as | 16 | | specifically allowed by a probationary license, judicial | 17 | | driving permit, restricted driving permit or monitoring device | 18 | | driving permit the Secretary shall extend the suspension for | 19 | | the same period of time as the originally imposed suspension | 20 | | unless the suspension has already expired, in which case the | 21 | | Secretary shall be authorized to suspend the person's driving | 22 | | privileges for the same period of time as the originally | 23 | | imposed suspension. | 24 | | (b-2) Except as provided in subsection (b-6), upon | 25 | | receiving a report of the conviction of any violation | 26 | | indicating a person was operating a motor vehicle when the |
| | | SB1427 | - 3 - | LRB097 06972 HEP 47065 b |
|
| 1 | | person's driver's license, permit or privilege was revoked by | 2 | | the Secretary of State or the driver's license administrator of | 3 | | any other state, except as specifically allowed by a restricted | 4 | | driving permit issued pursuant to this Code or the law of | 5 | | another state, the Secretary shall not issue a driver's license | 6 | | for an additional period of one year from the date of such | 7 | | conviction indicating such person was operating a vehicle | 8 | | during such period of revocation. | 9 | | (b-3) (Blank).
| 10 | | (b-4) When the Secretary of State receives a report of a | 11 | | conviction of any violation indicating a person was operating a | 12 | | motor vehicle that was not equipped with an ignition interlock | 13 | | device during a time when the person was prohibited from | 14 | | operating a motor vehicle not equipped with such a device, the | 15 | | Secretary shall not issue a driver's license to that person for | 16 | | an additional period of one year from the date of the | 17 | | conviction.
| 18 | | (b-5) Any person convicted of violating this Section shall | 19 | | serve a minimum
term of imprisonment of 30 consecutive days or | 20 | | 300
hours of community service
when the person's driving | 21 | | privilege was revoked or suspended as a result of a violation | 22 | | of Section 9-3 of the Criminal Code of 1961, as amended,
| 23 | | relating to the offense of reckless homicide, or a similar | 24 | | provision of a law of another state.
| 25 | | (b-6) Upon receiving a report of a first conviction of | 26 | | operating a motor vehicle while the person's driver's license, |
| | | SB1427 | - 4 - | LRB097 06972 HEP 47065 b |
|
| 1 | | permit or privilege was revoked where the revocation was for a | 2 | | violation of Section 9-3 of the Criminal Code of 1961 relating | 3 | | to the offense of reckless homicide or a similar out-of-state | 4 | | offense, the Secretary shall not issue a driver's license for | 5 | | an additional period of three years from the date of such | 6 | | conviction. | 7 | | (c) Except as provided in subsections (c-3) and (c-4), any | 8 | | person convicted of violating this Section shall serve a | 9 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 10 | | of community service
when the person's driving privilege was | 11 | | revoked or suspended as a result of:
| 12 | | (1) a violation of Section 11-501 of this Code or a | 13 | | similar provision
of a local ordinance relating to the | 14 | | offense of operating or being in physical
control of a | 15 | | vehicle while under the influence of alcohol, any other | 16 | | drug
or any combination thereof; or
| 17 | | (2) a violation of paragraph (b) of Section 11-401 of | 18 | | this Code or a
similar provision of a local ordinance | 19 | | relating to the offense of leaving the
scene of a motor | 20 | | vehicle accident involving personal injury or death; or
| 21 | | (3)
a statutory summary suspension under Section | 22 | | 11-501.1 of this
Code.
| 23 | | Such sentence of imprisonment or community service shall | 24 | | not be subject
to suspension in order to reduce such sentence.
| 25 | | (c-1) Except as provided in subsections (c-5) and (d), any | 26 | | person convicted of a
second violation of this Section shall be |
| | | SB1427 | - 5 - | LRB097 06972 HEP 47065 b |
|
| 1 | | ordered by the court to serve a
minimum
of 100 hours of | 2 | | community service.
| 3 | | (c-2) In addition to other penalties imposed under this | 4 | | Section, the
court may impose on any person convicted a fourth | 5 | | time of violating this
Section any of
the following:
| 6 | | (1) Seizure of the license plates of the person's | 7 | | vehicle.
| 8 | | (2) Immobilization of the person's vehicle for a period | 9 | | of time
to be determined by the court.
| 10 | | (c-3) Any person convicted of a violation of this Section | 11 | | during a period of summary suspension imposed pursuant to | 12 | | Section 11-501.1 when the person was eligible for a MDDP shall | 13 | | be guilty of a Class 4 felony and shall serve a minimum term of | 14 | | imprisonment of 30 days. | 15 | | (c-4) Any person who has been issued a MDDP and who is | 16 | | convicted of a violation of this Section as a result of | 17 | | operating or being in actual physical control of a motor | 18 | | vehicle not equipped with an ignition interlock device at the | 19 | | time of the offense shall be guilty of a Class 4 felony and | 20 | | shall serve a minimum term of imprisonment of 30 days.
| 21 | | (c-5) Any person convicted of a second violation of this
| 22 | | Section is guilty of a Class 2 felony, is not eligible for | 23 | | probation or conditional discharge, and shall serve a mandatory | 24 | | term of
imprisonment, if the
revocation or
suspension was for a | 25 | | violation of Section 9-3 of the Criminal Code of 1961, relating
| 26 | | to the offense of reckless homicide, or a similar out-of-state |
| | | SB1427 | - 6 - | LRB097 06972 HEP 47065 b |
|
| 1 | | offense.
| 2 | | (d) Any person convicted of a second violation of this
| 3 | | Section shall be guilty of a Class 4 felony and shall serve a | 4 | | minimum term of
imprisonment of 30 days or 300 hours of | 5 | | community service, as determined by the
court, if the original
| 6 | | revocation or
suspension was for a violation of Section 11-401 | 7 | | or 11-501 of this Code,
or a similar out-of-state offense, or a | 8 | | similar provision of a local
ordinance, or a
statutory summary | 9 | | suspension under Section 11-501.1 of this Code.
| 10 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 11 | | (d-3), any
person convicted of
a third or subsequent violation | 12 | | of this Section shall serve a minimum term of
imprisonment of | 13 | | 30 days or 300 hours of community service, as determined by the
| 14 | | court.
| 15 | | (d-2) Any person convicted of a third violation of this
| 16 | | Section is guilty of a Class 4 felony and must serve a minimum | 17 | | term of
imprisonment of 30 days if the revocation or
suspension | 18 | | was for a violation of Section 11-401 or 11-501 of this Code,
| 19 | | or a similar out-of-state offense, or a similar provision of a | 20 | | local
ordinance, or a
statutory summary suspension under | 21 | | Section 11-501.1 of this Code.
| 22 | | (d-2.5) Any person convicted of a third violation of this
| 23 | | Section is guilty of a Class 1 felony, is not eligible for | 24 | | probation or conditional discharge, and must serve a mandatory | 25 | | term of
imprisonment if the revocation or
suspension was for a | 26 | | violation of Section 9-3 of the Criminal Code of 1961, relating |
| | | SB1427 | - 7 - | LRB097 06972 HEP 47065 b |
|
| 1 | | to the offense of reckless homicide, or a similar out-of-state | 2 | | offense.
The person's driving privileges shall be revoked for | 3 | | the remainder of the person's life. | 4 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 5 | | seventh, eighth, or ninth violation of this
Section is guilty | 6 | | of a Class 4 felony and must serve a minimum term of
| 7 | | imprisonment of 180 days if the revocation or suspension was | 8 | | for a
violation of Section 11-401 or 11-501 of this Code, or a | 9 | | similar out-of-state
offense, or a similar provision of a local | 10 | | ordinance, or a statutory
summary suspension under Section | 11 | | 11-501.1 of this Code.
| 12 | | (d-3.5) Any person convicted of a fourth or subsequent | 13 | | violation of this
Section is guilty of a Class 1 felony, is not | 14 | | eligible for probation or conditional discharge, and must serve | 15 | | a mandatory term of
imprisonment, and is eligible for an | 16 | | extended term, if the revocation or suspension was for a
| 17 | | violation of Section 9-3 of the Criminal Code of 1961, relating | 18 | | to the offense of reckless homicide, or a similar out-of-state | 19 | | offense.
| 20 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 21 | | thirteenth, or fourteenth violation of this Section is guilty | 22 | | of a Class 3 felony, and is not eligible for probation or | 23 | | conditional discharge, if the revocation or suspension was for | 24 | | a violation of Section 11-401 or 11-501 of this Code, or a | 25 | | similar out-of-state offense, or a similar provision of a local | 26 | | ordinance, or a statutory summary suspension under Section |
| | | SB1427 | - 8 - | LRB097 06972 HEP 47065 b |
|
| 1 | | 11-501.1 of this Code. | 2 | | (d-5) Any person convicted of a fifteenth or subsequent | 3 | | violation of this Section is guilty of a Class 2 felony, and is | 4 | | not eligible for probation or conditional discharge, if the | 5 | | revocation or suspension was for a violation of Section 11-401 | 6 | | or 11-501 of this Code, or a similar out-of-state offense, or a | 7 | | similar provision of a local ordinance, or a statutory summary | 8 | | suspension under Section 11-501.1 of this Code.
| 9 | | (e) Any person in violation of this Section who is also in | 10 | | violation of
Section 7-601 of this Code relating to mandatory | 11 | | insurance requirements, in
addition to other penalties imposed | 12 | | under this Section, shall have his or her
motor vehicle | 13 | | immediately impounded by the arresting law enforcement | 14 | | officer.
The motor vehicle may be released to any licensed | 15 | | driver upon a showing of
proof of insurance for the vehicle | 16 | | that was impounded and the notarized written
consent for the | 17 | | release by the vehicle owner.
| 18 | | (f) For any prosecution under this Section, a certified | 19 | | copy of the
driving abstract of the defendant shall be admitted | 20 | | as proof of any prior
conviction.
| 21 | | (g) The motor vehicle used in a violation of this Section | 22 | | is subject
to seizure and forfeiture as provided in Sections | 23 | | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 24 | | driving privilege was revoked
or suspended as a result of a | 25 | | violation listed in paragraph (1) or (2) of subsection (c) of | 26 | | this Section, as a result of a summary
suspension as provided |
| | | SB1427 | - 9 - | LRB097 06972 HEP 47065 b |
|
| 1 | | in paragraph (3) of subsection (c) of this
Section, or as a | 2 | | result of a violation of Section 9-3 of the Criminal Code of | 3 | | 1961 relating to the offense of reckless homicide.
| 4 | | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | 5 | | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | 6 | | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 7 | | 96-1000, eff. 7-2-10.)
| 8 | | (Text of Section after amendment by P.A. 96-1344 ) | 9 | | Sec. 6-303. Driving while driver's license, permit or | 10 | | privilege to
operate a motor vehicle is suspended or revoked.
| 11 | | (a) Except as otherwise provided in subsection (a-5), any | 12 | | person who drives or is in actual physical control of a motor
| 13 | | vehicle on any highway of this State at a time when such | 14 | | person's driver's
license, permit or privilege to do so or the | 15 | | the privilege to obtain a driver's
license or permit is revoked | 16 | | or suspended as provided by this Code or the law
of another | 17 | | state, except as may be specifically allowed by a judicial | 18 | | driving
permit issued prior to January 1, 2009, monitoring | 19 | | device driving permit, family financial responsibility driving | 20 | | permit, probationary
license to drive, or a restricted driving | 21 | | permit issued pursuant to this Code
or under the law of another | 22 | | state, shall be guilty of a Class A misdemeanor.
| 23 | | (a-5) Any person who violates this Section as provided in | 24 | | subsection (a) while his or her driver's license, permit or | 25 | | privilege is revoked because of a violation of Section 9-3 of |
| | | SB1427 | - 10 - | LRB097 06972 HEP 47065 b |
|
| 1 | | the Criminal Code of 1961, relating to the offense of reckless | 2 | | homicide or a similar provision of a law of another state, is | 3 | | guilty of a Class 4 felony. The person shall be required to | 4 | | undergo a professional evaluation, as provided in Section | 5 | | 11-501 of this Code, to determine if an alcohol, drug, or | 6 | | intoxicating compound problem exists and the extent of the | 7 | | problem, and to undergo the imposition of treatment as | 8 | | appropriate.
| 9 | | (b) (Blank). | 10 | | (b-1) Upon receiving a report of the conviction of any | 11 | | violation indicating a person was operating a motor vehicle | 12 | | during the time when the person's driver's license, permit or | 13 | | privilege was suspended by the Secretary of State or the | 14 | | driver's licensing administrator of another state, except as | 15 | | specifically allowed by a probationary license, judicial | 16 | | driving permit, restricted driving permit or monitoring device | 17 | | driving permit the Secretary shall extend the suspension for | 18 | | the same period of time as the originally imposed suspension | 19 | | unless the suspension has already expired, in which case the | 20 | | Secretary shall be authorized to suspend the person's driving | 21 | | privileges for the same period of time as the originally | 22 | | imposed suspension. | 23 | | (b-2) Except as provided in subsection (b-6), upon | 24 | | receiving a report of the conviction of any violation | 25 | | indicating a person was operating a motor vehicle when the | 26 | | person's driver's license, permit or privilege was revoked by |
| | | SB1427 | - 11 - | LRB097 06972 HEP 47065 b |
|
| 1 | | the Secretary of State or the driver's license administrator of | 2 | | any other state, except as specifically allowed by a restricted | 3 | | driving permit issued pursuant to this Code or the law of | 4 | | another state, the Secretary shall not issue a driver's license | 5 | | for an additional period of one year from the date of such | 6 | | conviction indicating such person was operating a vehicle | 7 | | during such period of revocation. | 8 | | (b-3) (Blank).
| 9 | | (b-4) When the Secretary of State receives a report of a | 10 | | conviction of any violation indicating a person was operating a | 11 | | motor vehicle that was not equipped with an ignition interlock | 12 | | device during a time when the person was prohibited from | 13 | | operating a motor vehicle not equipped with such a device, the | 14 | | Secretary shall not issue a driver's license to that person for | 15 | | an additional period of one year from the date of the | 16 | | conviction.
| 17 | | (b-5) Any person convicted of violating this Section shall | 18 | | serve a minimum
term of imprisonment of 30 consecutive days or | 19 | | 300
hours of community service
when the person's driving | 20 | | privilege was revoked or suspended as a result of a violation | 21 | | of Section 9-3 of the Criminal Code of 1961, as amended,
| 22 | | relating to the offense of reckless homicide, or a similar | 23 | | provision of a law of another state.
| 24 | | (b-6) Upon receiving a report of a first conviction of | 25 | | operating a motor vehicle while the person's driver's license, | 26 | | permit or privilege was revoked where the revocation was for a |
| | | SB1427 | - 12 - | LRB097 06972 HEP 47065 b |
|
| 1 | | violation of Section 9-3 of the Criminal Code of 1961 relating | 2 | | to the offense of reckless homicide or a similar out-of-state | 3 | | offense, the Secretary shall not issue a driver's license for | 4 | | an additional period of three years from the date of such | 5 | | conviction. | 6 | | (c) Except as provided in subsections (c-3) and (c-4), any | 7 | | person convicted of violating this Section shall serve a | 8 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 9 | | of community service
when the person's driving privilege was | 10 | | revoked or suspended as a result of:
| 11 | | (1) a violation of Section 11-501 of this Code or a | 12 | | similar provision
of a local ordinance relating to the | 13 | | offense of operating or being in physical
control of a | 14 | | vehicle while under the influence of alcohol, any other | 15 | | drug
or any combination thereof; or
| 16 | | (2) a violation of paragraph (b) of Section 11-401 of | 17 | | this Code or a
similar provision of a local ordinance | 18 | | relating to the offense of leaving the
scene of a motor | 19 | | vehicle accident involving personal injury or death; or
| 20 | | (3)
a statutory summary suspension or revocation under | 21 | | Section 11-501.1 of this
Code.
| 22 | | Such sentence of imprisonment or community service shall | 23 | | not be subject
to suspension in order to reduce such sentence.
| 24 | | (c-1) Except as provided in subsections (c-5) and (d), any | 25 | | person convicted of a
second violation of this Section shall be | 26 | | ordered by the court to serve a
minimum
of 100 hours of |
| | | SB1427 | - 13 - | LRB097 06972 HEP 47065 b |
|
| 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 fourth | 4 | | 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 period | 8 | | of time
to be determined by the court.
| 9 | | (c-3) Any person convicted of a violation of this Section | 10 | | during a period of summary suspension imposed pursuant to | 11 | | Section 11-501.1 when the person was eligible for a MDDP shall | 12 | | be guilty of a Class 4 felony and shall serve a minimum term of | 13 | | imprisonment of 30 days. | 14 | | (c-4) Any person who has been issued a MDDP and who is | 15 | | convicted of a violation of this Section as a result of | 16 | | operating or being in actual physical control of a motor | 17 | | vehicle not equipped with an ignition interlock device at the | 18 | | time of the offense shall be guilty of a Class 4 felony and | 19 | | shall serve a minimum term of imprisonment of 30 days.
| 20 | | (c-5) Any person convicted of a second violation of this
| 21 | | Section is guilty of a Class 2 felony, is not eligible for | 22 | | probation or conditional discharge, and shall serve a mandatory | 23 | | term of
imprisonment, if the
revocation or
suspension was for a | 24 | | violation of Section 9-3 of the Criminal Code of 1961, relating
| 25 | | to the offense of reckless homicide, or a similar out-of-state | 26 | | offense.
|
| | | SB1427 | - 14 - | LRB097 06972 HEP 47065 b |
|
| 1 | | (d) Any person convicted of a second violation of this
| 2 | | Section shall be guilty of a Class 4 felony and shall serve a | 3 | | minimum term of
imprisonment of 30 days or 300 hours of | 4 | | community service, as determined by the
court, if the original
| 5 | | revocation or
suspension was for a violation of Section 11-401 | 6 | | or 11-501 of this Code,
or a similar out-of-state offense, or a | 7 | | similar provision of a local
ordinance, or a
statutory summary | 8 | | suspension or revocation under Section 11-501.1 of this Code.
| 9 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 10 | | (d-3), any
person convicted of
a third or subsequent violation | 11 | | of this Section shall serve a minimum term of
imprisonment of | 12 | | 30 days or 300 hours of community service, as determined by the
| 13 | | court.
| 14 | | (d-2) Any person convicted of a third violation of this
| 15 | | Section is guilty of a Class 4 felony and must serve a minimum | 16 | | term of
imprisonment of 30 days if the revocation or
suspension | 17 | | was for a violation of Section 11-401 or 11-501 of this Code,
| 18 | | or a similar out-of-state offense, or a similar provision of a | 19 | | local
ordinance, or a
statutory summary suspension or | 20 | | revocation under Section 11-501.1 of this Code.
| 21 | | (d-2.5) Any person convicted of a third violation of this
| 22 | | Section is guilty of a Class 1 felony, is not eligible for | 23 | | probation or conditional discharge, and must serve a mandatory | 24 | | term of
imprisonment if the revocation or
suspension was for a | 25 | | violation of Section 9-3 of the Criminal Code of 1961, relating | 26 | | to the offense of reckless homicide, or a similar out-of-state |
| | | SB1427 | - 15 - | LRB097 06972 HEP 47065 b |
|
| 1 | | offense.
The person's driving privileges shall be revoked for | 2 | | the remainder of the person's life. | 3 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 4 | | seventh, eighth, or ninth violation of this
Section is guilty | 5 | | of a Class 4 felony and must serve a minimum term of
| 6 | | imprisonment of 180 days if the revocation or suspension was | 7 | | for 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, or a statutory
summary suspension or revocation | 10 | | under Section 11-501.1 of this Code.
| 11 | | (d-3.5) Any person convicted of a fourth or subsequent | 12 | | violation of this
Section is guilty of a Class 1 felony, is not | 13 | | eligible for probation or conditional discharge, and must serve | 14 | | a mandatory term of
imprisonment, and is eligible for an | 15 | | extended term, if the revocation or suspension was for a
| 16 | | violation of Section 9-3 of the Criminal Code of 1961, relating | 17 | | to the offense of reckless homicide, or a similar out-of-state | 18 | | offense.
| 19 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 20 | | thirteenth, or fourteenth violation of this Section is guilty | 21 | | of a Class 3 felony, and is not eligible for probation or | 22 | | conditional discharge, if the revocation or suspension was for | 23 | | a violation of Section 11-401 or 11-501 of this Code, or a | 24 | | similar out-of-state offense, or a similar provision of a local | 25 | | ordinance, or a statutory summary suspension or revocation | 26 | | under Section 11-501.1 of this Code. |
| | | SB1427 | - 16 - | LRB097 06972 HEP 47065 b |
|
| 1 | | (d-5) Any person convicted of a fifteenth or subsequent | 2 | | violation of this Section is guilty of a Class 2 felony, and is | 3 | | not eligible for probation or conditional discharge, if the | 4 | | revocation or suspension was for a violation of Section 11-401 | 5 | | or 11-501 of this Code, or a similar out-of-state offense, or a | 6 | | similar provision of a local ordinance, or a statutory summary | 7 | | suspension or revocation under Section 11-501.1 of this Code.
| 8 | | (e) Any person in violation of this Section who is also in | 9 | | violation of
Section 7-601 of this Code relating to mandatory | 10 | | insurance requirements, in
addition to other penalties imposed | 11 | | under this Section, shall have his or her
motor vehicle | 12 | | immediately impounded by the arresting law enforcement | 13 | | officer.
The motor vehicle may be released to any licensed | 14 | | driver upon a showing of
proof of insurance for the vehicle | 15 | | that was impounded and the notarized written
consent for the | 16 | | release by the vehicle owner.
| 17 | | (f) For any prosecution under this Section, a certified | 18 | | copy of the
driving abstract of the defendant shall be admitted | 19 | | as proof of any prior
conviction.
| 20 | | (g) The motor vehicle used in a violation of this Section | 21 | | is subject
to seizure and forfeiture as provided in Sections | 22 | | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 23 | | driving privilege was revoked
or suspended as a result of a | 24 | | violation listed in paragraph (1) or (2) of subsection (c) of | 25 | | this Section, as a result of a summary
suspension or revocation | 26 | | as provided in paragraph (3) of subsection (c) of this
Section, |
| | | SB1427 | - 17 - | LRB097 06972 HEP 47065 b |
|
| 1 | | or as a result of a violation of Section 9-3 of the Criminal | 2 | | Code of 1961 relating to the offense of reckless homicide.
| 3 | | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | 4 | | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | 5 | | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 6 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11.)
| 7 | | Section 95. No acceleration or delay. Where this Act makes | 8 | | changes in a statute that is represented in this Act by text | 9 | | that is not yet or no longer in effect (for example, a Section | 10 | | represented by multiple versions), the use of that text does | 11 | | not accelerate or delay the taking effect of (i) the changes | 12 | | made by this Act or (ii) provisions derived from any other | 13 | | Public Act. |
|