Full Text of SB1735 98th General Assembly
SB1735sam001 98TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/15/2013
| | 09800SB1735sam001 | | LRB098 07703 MLW 44621 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1735
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1735 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 |
| | | 09800SB1735sam001 | - 2 - | LRB098 07703 MLW 44621 a |
|
| 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-3) A second or subsequent violation of subsection (a) of | 6 | | this Section is a Class 4 felony, if committed by a person | 7 | | whose driving or operation of a motor vehicle is the proximate | 8 | | cause of a motor vehicle accident that causes personal injury | 9 | | or death to another. For purposes of this subsection, a | 10 | | personal injury includes any Type A injury as indicated on the | 11 | | traffic accident report completed by a law enforcement officer | 12 | | that requires immediate professional attention in either a | 13 | | doctor's office or a medical facility. A Type A injury includes | 14 | | severe bleeding wounds, distorted extremities, and injuries | 15 | | that require the injured party to be carried from the scene. | 16 | | (a-5) Any person who violates this Section as provided in | 17 | | subsection (a) while his or her driver's license, permit or | 18 | | privilege is revoked because of a violation of Section 9-3 of | 19 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 20 | | relating to the offense of reckless homicide or a similar | 21 | | provision of a law of another state, is guilty of a Class 4 | 22 | | felony. The person shall be required to undergo a professional | 23 | | evaluation, as provided in Section 11-501 of this Code, to | 24 | | determine if an alcohol, drug, or intoxicating compound problem | 25 | | exists and the extent of the problem, and to undergo the | 26 | | imposition of treatment as appropriate.
|
| | | 09800SB1735sam001 | - 3 - | LRB098 07703 MLW 44621 a |
|
| 1 | | (b) (Blank). | 2 | | (b-1) Upon receiving a report of the conviction of any | 3 | | violation indicating a person was operating a motor vehicle | 4 | | during the time when the person's driver's license, permit or | 5 | | privilege was suspended by the Secretary of State or the | 6 | | driver's licensing administrator of another state, except as | 7 | | specifically allowed by a probationary license, judicial | 8 | | driving permit, restricted driving permit or monitoring device | 9 | | driving permit the Secretary shall extend the suspension for | 10 | | the same period of time as the originally imposed suspension | 11 | | unless the suspension has already expired, in which case the | 12 | | Secretary shall be authorized to suspend the person's driving | 13 | | privileges for the same period of time as the originally | 14 | | imposed suspension. | 15 | | (b-2) Except as provided in subsection (b-6), upon | 16 | | receiving a report of the conviction of any violation | 17 | | indicating a person was operating a motor vehicle when the | 18 | | person's driver's license, permit or privilege was revoked by | 19 | | the Secretary of State or the driver's license administrator of | 20 | | any other state, except as specifically allowed by a restricted | 21 | | driving permit issued pursuant to this Code or the law of | 22 | | another state, the Secretary shall not issue a driver's license | 23 | | for an additional period of one year from the date of such | 24 | | conviction indicating such person was operating a vehicle | 25 | | during such period of revocation. | 26 | | (b-3) (Blank).
|
| | | 09800SB1735sam001 | - 4 - | LRB098 07703 MLW 44621 a |
|
| 1 | | (b-4) When the Secretary of State receives a report of a | 2 | | conviction of any violation indicating a person was operating a | 3 | | motor vehicle that was not equipped with an ignition interlock | 4 | | device during a time when the person was prohibited from | 5 | | operating a motor vehicle not equipped with such a device, the | 6 | | Secretary shall not issue a driver's license to that person for | 7 | | an additional period of one year from the date of the | 8 | | conviction.
| 9 | | (b-5) Any person convicted of violating this Section shall | 10 | | serve a minimum
term of imprisonment of 30 consecutive days or | 11 | | 300
hours of community service
when the person's driving | 12 | | privilege was revoked or suspended as a result of a violation | 13 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012,
relating to the offense of reckless homicide, or | 15 | | a similar provision of a law of another state.
| 16 | | (b-6) Upon receiving a report of a first conviction of | 17 | | operating a motor vehicle while the person's driver's license, | 18 | | permit or privilege was revoked where the revocation was for a | 19 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 relating to the offense of reckless | 21 | | homicide or a similar out-of-state offense, the Secretary shall | 22 | | not issue a driver's license for an additional period of three | 23 | | years from the date of such conviction. | 24 | | (c) Except as provided in subsections (c-3) and (c-4), any | 25 | | person convicted of violating this Section shall serve a | 26 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
| | | 09800SB1735sam001 | - 5 - | LRB098 07703 MLW 44621 a |
|
| 1 | | of community service
when the person's driving privilege was | 2 | | revoked or suspended as a result of:
| 3 | | (1) a violation of Section 11-501 of this Code or a | 4 | | similar provision
of a local ordinance relating to the | 5 | | offense of operating or being in physical
control of a | 6 | | vehicle while under the influence of alcohol, any other | 7 | | drug
or any combination thereof; or
| 8 | | (2) a violation of paragraph (b) of Section 11-401 of | 9 | | this Code or a
similar provision of a local ordinance | 10 | | relating to the offense of leaving the
scene of a motor | 11 | | vehicle accident involving personal injury or death; or
| 12 | | (3)
a statutory summary suspension or revocation under | 13 | | Section 11-501.1 of this
Code.
| 14 | | Such sentence of imprisonment or community service shall | 15 | | not be subject
to suspension in order to reduce such sentence.
| 16 | | (c-1) Except as provided in subsections (c-5) and (d), any | 17 | | person convicted of a
second violation of this Section shall be | 18 | | ordered by the court to serve a
minimum
of 100 hours of | 19 | | community service.
| 20 | | (c-2) In addition to other penalties imposed under this | 21 | | Section, the
court may impose on any person convicted a fourth | 22 | | time of violating this
Section any of
the following:
| 23 | | (1) Seizure of the license plates of the person's | 24 | | vehicle.
| 25 | | (2) Immobilization of the person's vehicle for a period | 26 | | of time
to be determined by the court.
|
| | | 09800SB1735sam001 | - 6 - | LRB098 07703 MLW 44621 a |
|
| 1 | | (c-3) Any person convicted of a violation of this Section | 2 | | during a period of summary suspension imposed pursuant to | 3 | | Section 11-501.1 when the person was eligible for a MDDP shall | 4 | | be guilty of a Class 4 felony and shall serve a minimum term of | 5 | | imprisonment of 30 days. | 6 | | (c-4) Any person who has been issued a MDDP and who is | 7 | | convicted of a violation of this Section as a result of | 8 | | operating or being in actual physical control of a motor | 9 | | vehicle not equipped with an ignition interlock device at the | 10 | | time of the offense shall be guilty of a Class 4 felony and | 11 | | shall serve a minimum term of imprisonment of 30 days.
| 12 | | (c-5) Any person convicted of a second violation of this
| 13 | | Section is guilty of a Class 2 felony, is not eligible for | 14 | | probation or conditional discharge, and shall serve a mandatory | 15 | | term of
imprisonment, if the
revocation or
suspension was for a | 16 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012, relating
to the offense of reckless | 18 | | homicide, or a similar out-of-state offense.
| 19 | | (d) Any person convicted of a second violation of this
| 20 | | Section shall be guilty of a Class 4 felony and shall serve a | 21 | | minimum term of
imprisonment of 30 days or 300 hours of | 22 | | community service, as determined by the
court, if the original
| 23 | | revocation or
suspension was for a violation of Section 11-401 | 24 | | or 11-501 of this Code,
or a similar out-of-state offense, or a | 25 | | similar provision of a local
ordinance, or a
statutory summary | 26 | | suspension or revocation under Section 11-501.1 of this Code.
|
| | | 09800SB1735sam001 | - 7 - | LRB098 07703 MLW 44621 a |
|
| 1 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 2 | | (d-3), any
person convicted of
a third or subsequent violation | 3 | | of this Section shall serve a minimum term of
imprisonment of | 4 | | 30 days or 300 hours of community service, as determined by the
| 5 | | court.
| 6 | | (d-2) Any person convicted of a third violation of this
| 7 | | Section is guilty of a Class 4 felony and must serve a minimum | 8 | | term of
imprisonment of 30 days if the revocation or
suspension | 9 | | was for a violation of Section 11-401 or 11-501 of this Code,
| 10 | | or a similar out-of-state offense, or a similar provision of a | 11 | | local
ordinance, or a
statutory summary suspension or | 12 | | revocation under Section 11-501.1 of this Code.
| 13 | | (d-2.5) Any person convicted of a third violation of this
| 14 | | Section is guilty of a Class 1 felony, is not eligible for | 15 | | probation or conditional discharge, and must serve a mandatory | 16 | | term of
imprisonment if the revocation or
suspension was for a | 17 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012, relating to the offense of reckless | 19 | | homicide, or a similar out-of-state offense.
The person's | 20 | | driving privileges shall be revoked for the remainder of the | 21 | | person's life. | 22 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 23 | | seventh, eighth, or ninth violation of this
Section is guilty | 24 | | of a Class 4 felony and must serve a minimum term of
| 25 | | imprisonment of 180 days if the revocation or suspension was | 26 | | for a
violation of Section 11-401 or 11-501 of this Code, or a |
| | | 09800SB1735sam001 | - 8 - | LRB098 07703 MLW 44621 a |
|
| 1 | | similar 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.
| 4 | | (d-3.5) Any person convicted of a fourth or subsequent | 5 | | violation of this
Section is guilty of a Class 1 felony, is not | 6 | | eligible for probation or conditional discharge, and must serve | 7 | | a mandatory term of
imprisonment, and is eligible for an | 8 | | extended term, if the revocation or suspension was for a
| 9 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012, relating to the offense of reckless | 11 | | homicide, or a similar out-of-state offense.
| 12 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 13 | | thirteenth, or fourteenth violation of this Section is guilty | 14 | | of a Class 3 felony, and is not eligible for probation or | 15 | | conditional discharge, if the revocation or suspension was for | 16 | | a violation of Section 11-401 or 11-501 of this Code, or a | 17 | | similar out-of-state offense, or a similar provision of a local | 18 | | ordinance, or a statutory summary suspension or revocation | 19 | | under Section 11-501.1 of this Code. | 20 | | (d-5) Any person convicted of a fifteenth or subsequent | 21 | | violation of this Section is guilty of a Class 2 felony, and is | 22 | | not eligible for probation or conditional discharge, if the | 23 | | revocation or suspension was for a violation of Section 11-401 | 24 | | or 11-501 of this Code, or a similar out-of-state offense, or a | 25 | | similar provision of a local ordinance, or a statutory summary | 26 | | suspension or revocation under Section 11-501.1 of this Code.
|
| | | 09800SB1735sam001 | - 9 - | LRB098 07703 MLW 44621 a |
|
| 1 | | (e) Any person in violation of this Section who is also in | 2 | | violation of
Section 7-601 of this Code relating to mandatory | 3 | | insurance requirements, in
addition to other penalties imposed | 4 | | under this Section, shall have his or her
motor vehicle | 5 | | immediately impounded by the arresting law enforcement | 6 | | officer.
The motor vehicle may be released to any licensed | 7 | | driver upon a showing of
proof of insurance for the vehicle | 8 | | that was impounded and the notarized written
consent for the | 9 | | release by the vehicle owner.
| 10 | | (f) For any prosecution under this Section, a certified | 11 | | copy of the
driving abstract of the defendant shall be admitted | 12 | | as proof of any prior
conviction.
| 13 | | (g) The motor vehicle used in a violation of this Section | 14 | | is subject
to seizure and forfeiture as provided in Sections | 15 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 16 | | driving privilege was revoked
or suspended as a result of: | 17 | | (1) a violation of Section 11-501 of this Code, a | 18 | | similar provision
of a local ordinance, or a similar | 19 | | provision of a law of another state; | 20 | | (2) a violation of paragraph (b) of Section 11-401 of | 21 | | this Code, a
similar provision of a local ordinance, or a | 22 | | similar provision of a law of another state; | 23 | | (3) a statutory summary suspension or revocation under | 24 | | Section 11-501.1 of this
Code or a similar provision of a | 25 | | law of another state; or | 26 | | (4) a violation of Section 9-3 of the Criminal Code of |
| | | 09800SB1735sam001 | - 10 - | LRB098 07703 MLW 44621 a |
|
| 1 | | 1961 or the Criminal Code of 2012 relating to the offense | 2 | | of reckless homicide, or a similar provision of a law of | 3 | | another state.
| 4 | | (Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 5 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. | 6 | | 1-1-13; 97-1150, eff. 1-25-13.)".
|
|