Illinois General Assembly - Full Text of SB1735
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Full Text of SB1735  98th General Assembly

SB1735sam001 98TH GENERAL ASSEMBLY

Sen. Chapin Rose

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1735

2    AMENDMENT NO. ______. Amend Senate Bill 1735 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing 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
8privilege to operate a motor vehicle is suspended or revoked.
9    (a) Except as otherwise provided in subsection (a-5), any
10person who drives or is in actual physical control of a motor
11vehicle on any highway of this State at a time when such
12person's driver's license, permit or privilege to do so or the
13privilege to obtain a driver's license or permit is revoked or
14suspended as provided by this Code or the law of another state,
15except as may be specifically allowed by a judicial driving
16permit issued prior to January 1, 2009, monitoring device

 

 

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1driving permit, family financial responsibility driving
2permit, probationary license to drive, or a restricted driving
3permit issued pursuant to this Code or under the law of another
4state, shall be guilty of a Class A misdemeanor.
5    (a-3) A second or subsequent violation of subsection (a) of
6this Section is a Class 4 felony, if committed by a person
7whose driving or operation of a motor vehicle is the proximate
8cause of a motor vehicle accident that causes personal injury
9or death to another. For purposes of this subsection, a
10personal injury includes any Type A injury as indicated on the
11traffic accident report completed by a law enforcement officer
12that requires immediate professional attention in either a
13doctor's office or a medical facility. A Type A injury includes
14severe bleeding wounds, distorted extremities, and injuries
15that require the injured party to be carried from the scene.
16    (a-5) Any person who violates this Section as provided in
17subsection (a) while his or her driver's license, permit or
18privilege is revoked because of a violation of Section 9-3 of
19the Criminal Code of 1961 or the Criminal Code of 2012,
20relating to the offense of reckless homicide or a similar
21provision of a law of another state, is guilty of a Class 4
22felony. The person shall be required to undergo a professional
23evaluation, as provided in Section 11-501 of this Code, to
24determine if an alcohol, drug, or intoxicating compound problem
25exists and the extent of the problem, and to undergo the
26imposition of treatment as appropriate.

 

 

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1    (b) (Blank).
2    (b-1) Upon receiving a report of the conviction of any
3violation indicating a person was operating a motor vehicle
4during the time when the person's driver's license, permit or
5privilege was suspended by the Secretary of State or the
6driver's licensing administrator of another state, except as
7specifically allowed by a probationary license, judicial
8driving permit, restricted driving permit or monitoring device
9driving permit the Secretary shall extend the suspension for
10the same period of time as the originally imposed suspension
11unless the suspension has already expired, in which case the
12Secretary shall be authorized to suspend the person's driving
13privileges for the same period of time as the originally
14imposed suspension.
15    (b-2) Except as provided in subsection (b-6), upon
16receiving a report of the conviction of any violation
17indicating a person was operating a motor vehicle when the
18person's driver's license, permit or privilege was revoked by
19the Secretary of State or the driver's license administrator of
20any other state, except as specifically allowed by a restricted
21driving permit issued pursuant to this Code or the law of
22another state, the Secretary shall not issue a driver's license
23for an additional period of one year from the date of such
24conviction indicating such person was operating a vehicle
25during such period of revocation.
26    (b-3) (Blank).

 

 

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1    (b-4) When the Secretary of State receives a report of a
2conviction of any violation indicating a person was operating a
3motor vehicle that was not equipped with an ignition interlock
4device during a time when the person was prohibited from
5operating a motor vehicle not equipped with such a device, the
6Secretary shall not issue a driver's license to that person for
7an additional period of one year from the date of the
8conviction.
9    (b-5) Any person convicted of violating this Section shall
10serve a minimum term of imprisonment of 30 consecutive days or
11300 hours of community service when the person's driving
12privilege was revoked or suspended as a result of a violation
13of Section 9-3 of the Criminal Code of 1961 or the Criminal
14Code of 2012, relating to the offense of reckless homicide, or
15a similar provision of a law of another state.
16    (b-6) Upon receiving a report of a first conviction of
17operating a motor vehicle while the person's driver's license,
18permit or privilege was revoked where the revocation was for a
19violation of Section 9-3 of the Criminal Code of 1961 or the
20Criminal Code of 2012 relating to the offense of reckless
21homicide or a similar out-of-state offense, the Secretary shall
22not issue a driver's license for an additional period of three
23years from the date of such conviction.
24    (c) Except as provided in subsections (c-3) and (c-4), any
25person convicted of violating this Section shall serve a
26minimum term of imprisonment of 10 consecutive days or 30 days

 

 

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1of community service when the person's driving privilege was
2revoked 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
15not be subject to suspension in order to reduce such sentence.
16    (c-1) Except as provided in subsections (c-5) and (d), any
17person convicted of a second violation of this Section shall be
18ordered by the court to serve a minimum of 100 hours of
19community service.
20    (c-2) In addition to other penalties imposed under this
21Section, the court may impose on any person convicted a fourth
22time 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.

 

 

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1    (c-3) Any person convicted of a violation of this Section
2during a period of summary suspension imposed pursuant to
3Section 11-501.1 when the person was eligible for a MDDP shall
4be guilty of a Class 4 felony and shall serve a minimum term of
5imprisonment of 30 days.
6    (c-4) Any person who has been issued a MDDP and who is
7convicted of a violation of this Section as a result of
8operating or being in actual physical control of a motor
9vehicle not equipped with an ignition interlock device at the
10time of the offense shall be guilty of a Class 4 felony and
11shall serve a minimum term of imprisonment of 30 days.
12    (c-5) Any person convicted of a second violation of this
13Section is guilty of a Class 2 felony, is not eligible for
14probation or conditional discharge, and shall serve a mandatory
15term of imprisonment, if the revocation or suspension was for a
16violation of Section 9-3 of the Criminal Code of 1961 or the
17Criminal Code of 2012, relating to the offense of reckless
18homicide, or a similar out-of-state offense.
19    (d) Any person convicted of a second violation of this
20Section shall be guilty of a Class 4 felony and shall serve a
21minimum term of imprisonment of 30 days or 300 hours of
22community service, as determined by the court, if the original
23revocation or suspension was for a violation of Section 11-401
24or 11-501 of this Code, or a similar out-of-state offense, or a
25similar provision of a local ordinance, or a statutory summary
26suspension or revocation under Section 11-501.1 of this Code.

 

 

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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
3of this Section shall serve a minimum term of imprisonment of
430 days or 300 hours of community service, as determined by the
5court.
6    (d-2) Any person convicted of a third violation of this
7Section is guilty of a Class 4 felony and must serve a minimum
8term of imprisonment of 30 days if the revocation or suspension
9was for a violation of Section 11-401 or 11-501 of this Code,
10or a similar out-of-state offense, or a similar provision of a
11local ordinance, or a statutory summary suspension or
12revocation under Section 11-501.1 of this Code.
13    (d-2.5) Any person convicted of a third violation of this
14Section is guilty of a Class 1 felony, is not eligible for
15probation or conditional discharge, and must serve a mandatory
16term of imprisonment if the revocation or suspension was for a
17violation of Section 9-3 of the Criminal Code of 1961 or the
18Criminal Code of 2012, relating to the offense of reckless
19homicide, or a similar out-of-state offense. The person's
20driving privileges shall be revoked for the remainder of the
21person's life.
22    (d-3) Any person convicted of a fourth, fifth, sixth,
23seventh, eighth, or ninth violation of this Section is guilty
24of a Class 4 felony and must serve a minimum term of
25imprisonment of 180 days if the revocation or suspension was
26for a violation of Section 11-401 or 11-501 of this Code, or a

 

 

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1similar out-of-state offense, or a similar provision of a local
2ordinance, or a statutory summary suspension or revocation
3under Section 11-501.1 of this Code.
4    (d-3.5) Any person convicted of a fourth or subsequent
5violation of this Section is guilty of a Class 1 felony, is not
6eligible for probation or conditional discharge, and must serve
7a mandatory term of imprisonment, and is eligible for an
8extended term, if the revocation or suspension was for a
9violation of Section 9-3 of the Criminal Code of 1961 or the
10Criminal Code of 2012, relating to the offense of reckless
11homicide, or a similar out-of-state offense.
12    (d-4) Any person convicted of a tenth, eleventh, twelfth,
13thirteenth, or fourteenth violation of this Section is guilty
14of a Class 3 felony, and is not eligible for probation or
15conditional discharge, if the revocation or suspension was for
16a violation of Section 11-401 or 11-501 of this Code, or a
17similar out-of-state offense, or a similar provision of a local
18ordinance, or a statutory summary suspension or revocation
19under Section 11-501.1 of this Code.
20    (d-5) Any person convicted of a fifteenth or subsequent
21violation of this Section is guilty of a Class 2 felony, and is
22not eligible for probation or conditional discharge, if the
23revocation or suspension was for a violation of Section 11-401
24or 11-501 of this Code, or a similar out-of-state offense, or a
25similar provision of a local ordinance, or a statutory summary
26suspension or revocation under Section 11-501.1 of this Code.

 

 

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1    (e) Any person in violation of this Section who is also in
2violation of Section 7-601 of this Code relating to mandatory
3insurance requirements, in addition to other penalties imposed
4under this Section, shall have his or her motor vehicle
5immediately impounded by the arresting law enforcement
6officer. The motor vehicle may be released to any licensed
7driver upon a showing of proof of insurance for the vehicle
8that was impounded and the notarized written consent for the
9release by the vehicle owner.
10    (f) For any prosecution under this Section, a certified
11copy of the driving abstract of the defendant shall be admitted
12as proof of any prior conviction.
13    (g) The motor vehicle used in a violation of this Section
14is subject to seizure and forfeiture as provided in Sections
1536-1 and 36-2 of the Criminal Code of 2012 if the person's
16driving 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

 

 

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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;
596-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff.
61-1-13; 97-1150, eff. 1-25-13.)".