Full Text of HB3084 100th General Assembly
HB3084 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3084 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-303 | from Ch. 95 1/2, par. 6-303 |
720 ILCS 5/3-5 | from Ch. 38, par. 3-5 |
|
Amends the Illinois Vehicle Code. Provides that the penalties for driving or being in actual physical control of a motor
vehicle on any highway of this State at a time when the person's driver's
license, permit or privilege to do so or the privilege to obtain a driver's
license or permit is revoked or suspended because of a violation of the reckless homicide statute also applies to aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of the death of another person. Amends the Criminal Code of 2012. Provides that a prosecution for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of the death of another person may be commenced at any time.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3084 | | LRB100 08442 RLC 18560 b |
|
| 1 | | AN ACT concerning criminal law.
| 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 | | 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 | 17 | | driving permit, family financial responsibility driving | 18 | | permit, probationary
license to drive, or a restricted driving | 19 | | permit issued pursuant to this Code
or under the law of another | 20 | | state, shall be guilty of a Class A misdemeanor.
| 21 | | (a-3) A second or subsequent violation of subsection (a) of | 22 | | this Section is a Class 4 felony if committed by a person whose | 23 | | driving or operation of a motor vehicle is the proximate cause |
| | | HB3084 | - 2 - | LRB100 08442 RLC 18560 b |
|
| 1 | | of a motor vehicle accident that causes personal injury or | 2 | | death to another. For purposes of this subsection, a personal | 3 | | injury includes any Type A injury as indicated on the traffic | 4 | | accident report completed by a law enforcement officer that | 5 | | requires immediate professional attention in either a doctor's | 6 | | office or a medical facility. A Type A injury includes severe | 7 | | bleeding wounds, distorted extremities, and injuries that | 8 | | require the injured party to be carried from the scene. | 9 | | (a-5) Any person who violates this Section as provided in | 10 | | subsection (a) while his or her driver's license, permit or | 11 | | privilege is revoked because of a violation of Section 9-3 of | 12 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 13 | | relating to the offense of reckless homicide , or a violation of | 14 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 15 | | 11-501 of this Code, relating to the offense of aggravated | 16 | | driving under the influence of alcohol, other drug or drugs, or | 17 | | intoxicating compound or compounds, or any combination thereof | 18 | | when the violation was a proximate cause of a death, or a | 19 | | similar provision of a law of another state, is guilty of a | 20 | | Class 4 felony. The person shall be required to undergo a | 21 | | professional evaluation, as provided in Section 11-501 of this | 22 | | Code, to determine if an alcohol, drug, or intoxicating | 23 | | compound problem exists and the extent of the problem, and to | 24 | | undergo the imposition of treatment as appropriate.
| 25 | | (a-10) A person's driver's license, permit, or privilege to | 26 | | obtain a driver's license or permit may be subject to multiple |
| | | HB3084 | - 3 - | LRB100 08442 RLC 18560 b |
|
| 1 | | revocations, multiple suspensions, or any combination of both | 2 | | simultaneously. No revocation or suspension shall serve to | 3 | | negate, invalidate, cancel, postpone, or in any way lessen the | 4 | | effect of any other revocation or suspension entered prior or | 5 | | subsequent to any other revocation or suspension. | 6 | | (b) (Blank). | 7 | | (b-1) Upon receiving a report of the conviction of any | 8 | | violation indicating a person was operating a motor vehicle | 9 | | during the time when the person's driver's license, permit or | 10 | | privilege was suspended by the Secretary of State or the | 11 | | driver's licensing administrator of another state, except as | 12 | | specifically allowed by a probationary license, judicial | 13 | | driving permit, restricted driving permit or monitoring device | 14 | | driving permit the Secretary shall extend the suspension for | 15 | | the same period of time as the originally imposed suspension | 16 | | unless the suspension has already expired, in which case the | 17 | | Secretary shall be authorized to suspend the person's driving | 18 | | privileges for the same period of time as the originally | 19 | | imposed suspension. | 20 | | (b-2) Except as provided in subsection (b-6), upon | 21 | | receiving a report of the conviction of any violation | 22 | | indicating a person was operating a motor vehicle when the | 23 | | person's driver's license, permit or privilege was revoked by | 24 | | the Secretary of State or the driver's license administrator of | 25 | | any other state, except as specifically allowed by a restricted | 26 | | driving permit issued pursuant to this Code or the law of |
| | | HB3084 | - 4 - | LRB100 08442 RLC 18560 b |
|
| 1 | | another state, the Secretary shall not issue a driver's license | 2 | | for an additional period of one year from the date of such | 3 | | conviction indicating such person was operating a vehicle | 4 | | during such period of revocation. | 5 | | (b-3) (Blank).
| 6 | | (b-4) When the Secretary of State receives a report of a | 7 | | conviction of any violation indicating a person was operating a | 8 | | motor vehicle that was not equipped with an ignition interlock | 9 | | device during a time when the person was prohibited from | 10 | | operating a motor vehicle not equipped with such a device, the | 11 | | Secretary shall not issue a driver's license to that person for | 12 | | an additional period of one year from the date of the | 13 | | conviction.
| 14 | | (b-5) Any person convicted of violating this Section shall | 15 | | serve a minimum
term of imprisonment of 30 consecutive days or | 16 | | 300
hours of community service
when the person's driving | 17 | | privilege was revoked or suspended as a result of a violation | 18 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012,
relating to the offense of reckless homicide, or | 20 | | a violation of subparagraph (F) of paragraph (1) of subsection | 21 | | (d) of Section 11-501 of this Code, relating to the offense of | 22 | | aggravated driving under the influence of alcohol, other drug | 23 | | or drugs, or intoxicating compound or compounds, or any | 24 | | combination thereof when the violation was a proximate cause of | 25 | | a death, or a similar provision of a law of another state.
| 26 | | (b-6) Upon receiving a report of a first conviction of |
| | | HB3084 | - 5 - | LRB100 08442 RLC 18560 b |
|
| 1 | | operating a motor vehicle while the person's driver's license, | 2 | | permit or privilege was revoked where the revocation was for a | 3 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012 relating to the offense of reckless | 5 | | homicide , or a violation of subparagraph (F) of paragraph (1) | 6 | | of subsection (d) of Section 11-501 of this Code, relating to | 7 | | the offense of aggravated driving under the influence of | 8 | | alcohol, other drug or drugs, or intoxicating compound or | 9 | | compounds, or any combination thereof when the violation was a | 10 | | proximate cause of a death, or a similar out-of-state offense, | 11 | | the Secretary shall not issue a driver's license for an | 12 | | additional period of three years from the date of such | 13 | | conviction. | 14 | | (c) Except as provided in subsections (c-3) and (c-4), any | 15 | | person convicted of violating this Section shall serve a | 16 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 17 | | of community service
when the person's driving privilege was | 18 | | revoked or suspended as a result of:
| 19 | | (1) a violation of Section 11-501 of this Code or a | 20 | | similar provision
of a local ordinance relating to the | 21 | | offense of operating or being in physical
control of a | 22 | | vehicle while under the influence of alcohol, any other | 23 | | drug
or any combination thereof; or
| 24 | | (2) a violation of paragraph (b) of Section 11-401 of | 25 | | this Code or a
similar provision of a local ordinance | 26 | | relating to the offense of leaving the
scene of a motor |
| | | HB3084 | - 6 - | LRB100 08442 RLC 18560 b |
|
| 1 | | vehicle accident involving personal injury or death; or
| 2 | | (3)
a statutory summary suspension or revocation under | 3 | | Section 11-501.1 of this
Code.
| 4 | | Such sentence of imprisonment or community service shall | 5 | | not be subject
to suspension in order to reduce such sentence.
| 6 | | (c-1) Except as provided in subsections (c-5) and (d), any | 7 | | person convicted of a
second violation of this Section shall be | 8 | | ordered by the court to serve a
minimum
of 100 hours of | 9 | | community service.
| 10 | | (c-2) In addition to other penalties imposed under this | 11 | | Section, the
court may impose on any person convicted a fourth | 12 | | time of violating this
Section any of
the following:
| 13 | | (1) Seizure of the license plates of the person's | 14 | | vehicle.
| 15 | | (2) Immobilization of the person's vehicle for a period | 16 | | of time
to be determined by the court.
| 17 | | (c-3) Any person convicted of a violation of this Section | 18 | | during a period of summary suspension imposed pursuant to | 19 | | Section 11-501.1 when the person was eligible for a MDDP shall | 20 | | be guilty of a Class 4 felony and shall serve a minimum term of | 21 | | imprisonment of 30 days. | 22 | | (c-4) Any person who has been issued a MDDP or a restricted | 23 | | driving permit which requires the person to operate only motor | 24 | | vehicles equipped with an ignition interlock device and who is | 25 | | convicted of a violation of this Section as a result of | 26 | | operating or being in actual physical control of a motor |
| | | HB3084 | - 7 - | LRB100 08442 RLC 18560 b |
|
| 1 | | vehicle not equipped with an ignition interlock device at the | 2 | | time of the offense shall be guilty of a Class 4 felony and | 3 | | shall serve a minimum term of imprisonment of 30 days.
| 4 | | (c-5) Any person convicted of a second violation of this
| 5 | | Section is guilty of a Class 2 felony, is not eligible for | 6 | | probation or conditional discharge, and shall serve a mandatory | 7 | | term of
imprisonment, if: | 8 | | (1) the current violation occurred when the person's | 9 | | driver's license was suspended or revoked for a violation | 10 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 11 | | Code of 2012, relating
to the offense of reckless homicide, | 12 | | or a violation of subparagraph (F) of paragraph (1) of | 13 | | subsection (d) of Section 11-501 of this Code, relating to | 14 | | the offense of aggravated driving under the influence of | 15 | | alcohol, other drug or drugs, or intoxicating compound or | 16 | | compounds, or any combination thereof when the violation | 17 | | was a proximate cause of a death, or a similar out-of-state | 18 | | offense; and | 19 | | (2) the prior conviction under this Section occurred | 20 | | while the person's driver's license was suspended or | 21 | | revoked for a violation of Section 9-3 of the Criminal Code | 22 | | of 1961 or the Criminal Code of 2012 relating to the | 23 | | offense of reckless homicide, or a violation of | 24 | | subparagraph (F) of paragraph (1) of subsection (d) of | 25 | | Section 11-501 of this Code, relating to the offense of | 26 | | aggravated driving under the influence of alcohol, other |
| | | HB3084 | - 8 - | LRB100 08442 RLC 18560 b |
|
| 1 | | drug or drugs, or intoxicating compound or compounds, or | 2 | | any combination thereof when the violation was a proximate | 3 | | cause of a death, or a similar out-of-state offense, or was | 4 | | suspended or revoked for a violation of Section 11-401 or | 5 | | 11-501 of this Code, a similar out-of-state offense, a | 6 | | similar provision of a local ordinance, or a statutory | 7 | | summary suspension or revocation under Section 11-501.1 of | 8 | | this Code.
| 9 | | (d) Any person convicted of a second violation of this
| 10 | | Section shall be guilty of a Class 4 felony and shall serve a | 11 | | minimum term of
imprisonment of 30 days or 300 hours of | 12 | | community service, as determined by the
court, if: | 13 | | (1) the current violation occurred when the person's | 14 | | driver's license was suspended or revoked for a violation | 15 | | of Section 11-401 or 11-501 of this Code,
a similar | 16 | | out-of-state offense, a similar provision of a local
| 17 | | ordinance, or a
statutory summary suspension or revocation | 18 | | under Section 11-501.1 of this Code; and | 19 | | (2) the prior conviction under this Section occurred | 20 | | while the person's driver's license was suspended or | 21 | | revoked for a violation of Section 11-401 or 11-501 of this | 22 | | Code, a similar out-of-state offense, a similar provision | 23 | | of a local ordinance, or a statutory summary suspension or | 24 | | revocation under Section 11-501.1 of this Code, or for a | 25 | | violation of Section 9-3 of the Criminal Code of 1961 or | 26 | | the Criminal Code of 2012, relating to the offense of |
| | | HB3084 | - 9 - | LRB100 08442 RLC 18560 b |
|
| 1 | | reckless homicide, or a violation of subparagraph (F) of | 2 | | paragraph (1) of subsection (d) of Section 11-501 of this | 3 | | Code, relating to the offense of aggravated driving under | 4 | | the influence of alcohol, other drug or drugs, or | 5 | | intoxicating compound or compounds, or any combination | 6 | | thereof when the violation was a proximate cause of a | 7 | | death, or a similar out-of-state offense.
| 8 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 9 | | (d-3), any
person convicted of
a third or subsequent violation | 10 | | of this Section shall serve a minimum term of
imprisonment of | 11 | | 30 days or 300 hours of community service, as determined by the
| 12 | | court.
| 13 | | (d-2) Any person convicted of a third violation of this
| 14 | | Section is guilty of a Class 4 felony and must serve a minimum | 15 | | term of
imprisonment of 30 days, if: | 16 | | (1) the current violation occurred when the person's | 17 | | driver's license was suspended or revoked for a violation | 18 | | of Section 11-401 or 11-501 of this Code,
or a similar | 19 | | out-of-state offense, or a similar provision of a local
| 20 | | ordinance, or a
statutory summary suspension or revocation | 21 | | under Section 11-501.1 of this Code; and | 22 | | (2) the prior convictions under this Section occurred | 23 | | while the person's driver's license was suspended or | 24 | | revoked for a violation of Section 11-401 or 11-501 of this | 25 | | Code, a similar out-of-state offense, a similar provision | 26 | | of a local ordinance, or a statutory summary suspension or |
| | | HB3084 | - 10 - | LRB100 08442 RLC 18560 b |
|
| 1 | | revocation under Section 11-501.1 of this Code, or for a | 2 | | violation of Section 9-3 of the Criminal Code of 1961 or | 3 | | the Criminal Code of 2012, relating to the offense of | 4 | | reckless homicide, or a violation of subparagraph (F) of | 5 | | paragraph (1) of subsection (d) of Section 11-501 of this | 6 | | Code, relating to the offense of aggravated driving under | 7 | | the influence of alcohol, other drug or drugs, or | 8 | | intoxicating compound or compounds, or any combination | 9 | | thereof when the violation was a proximate cause of a | 10 | | death, or a similar out-of-state offense.
| 11 | | (d-2.5) Any person convicted of a third violation of this
| 12 | | Section is guilty of a Class 1 felony, is not eligible for | 13 | | probation or conditional discharge, and must serve a mandatory | 14 | | term of
imprisonment, if: | 15 | | (1) the current violation occurred while the person's | 16 | | driver's license was suspended or revoked for a violation | 17 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 18 | | Code of 2012, relating to the offense of reckless homicide, | 19 | | or a violation of subparagraph (F) of paragraph (1) of | 20 | | subsection (d) of Section 11-501 of this Code, relating to | 21 | | the offense of aggravated driving under the influence of | 22 | | alcohol, other drug or drugs, or intoxicating compound or | 23 | | compounds, or any combination thereof when the violation | 24 | | was a proximate cause of a death, or a similar out-of-state | 25 | | offense.
The person's driving privileges shall be revoked | 26 | | for the remainder of the person's life; and |
| | | HB3084 | - 11 - | LRB100 08442 RLC 18560 b |
|
| 1 | | (2) the prior convictions under this Section occurred | 2 | | while the person's driver's license was suspended or | 3 | | revoked for a violation of Section 9-3 of the Criminal Code | 4 | | of 1961 or the Criminal Code of 2012, relating to the | 5 | | offense of reckless homicide, or a violation of | 6 | | subparagraph (F) of paragraph (1) of subsection (d) of | 7 | | Section 11-501 of this Code, relating to the offense of | 8 | | aggravated driving under the influence of alcohol, other | 9 | | drug or drugs, or intoxicating compound or compounds, or | 10 | | any combination thereof when the violation was a proximate | 11 | | cause of a death, or a similar out-of-state offense, or was | 12 | | suspended or revoked for a violation of Section 11-401 or | 13 | | 11-501 of this Code, a similar out-of-state offense, a | 14 | | similar provision of a local ordinance, or a statutory | 15 | | summary suspension or revocation under Section 11-501.1 of | 16 | | this Code. | 17 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 18 | | seventh, eighth, or ninth violation of this
Section is guilty | 19 | | of a Class 4 felony and must serve a minimum term of
| 20 | | imprisonment of 180 days, if: | 21 | | (1) the current violation occurred when the person's | 22 | | driver's license was suspended or revoked for a
violation | 23 | | of Section 11-401 or 11-501 of this Code, a similar | 24 | | out-of-state
offense, a similar provision of a local | 25 | | ordinance, or a statutory
summary suspension or revocation | 26 | | under Section 11-501.1 of this Code; and |
| | | HB3084 | - 12 - | LRB100 08442 RLC 18560 b |
|
| 1 | | (2) the prior convictions under this Section occurred | 2 | | while the person's driver's license was suspended or | 3 | | revoked for a violation of Section 11-401 or 11-501 of this | 4 | | Code, a similar out-of-state offense, a similar provision | 5 | | of a local ordinance, or a statutory summary suspension or | 6 | | revocation under Section 11-501.1 of this Code, or for a | 7 | | violation of Section 9-3 of the Criminal Code of 1961 or | 8 | | the Criminal Code of 2012, relating to the offense of | 9 | | reckless homicide, or a violation of subparagraph (F) of | 10 | | paragraph (1) of subsection (d) of Section 11-501 of this | 11 | | Code, relating to the offense of aggravated driving under | 12 | | the influence of alcohol, other drug or drugs, or | 13 | | intoxicating compound or compounds, or any combination | 14 | | thereof when the violation was a proximate cause of a | 15 | | death, or a similar out-of-state offense.
| 16 | | (d-3.5) Any person convicted of a fourth or subsequent | 17 | | violation of this
Section is guilty of a Class 1 felony, is not | 18 | | eligible for probation or conditional discharge, and must serve | 19 | | a mandatory term of
imprisonment, and is eligible for an | 20 | | extended term, if: | 21 | | (1) the current violation occurred when the person's | 22 | | driver's license was suspended or revoked for a
violation | 23 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 24 | | Code of 2012, relating to the offense of reckless homicide, | 25 | | or a violation of subparagraph (F) of paragraph (1) of | 26 | | subsection (d) of Section 11-501 of this Code, relating to |
| | | HB3084 | - 13 - | LRB100 08442 RLC 18560 b |
|
| 1 | | the offense of aggravated driving under the influence of | 2 | | alcohol, other drug or drugs, or intoxicating compound or | 3 | | compounds, or any combination thereof when the violation | 4 | | was a proximate cause of a death, or a similar out-of-state | 5 | | offense; and | 6 | | (2) the prior convictions under this Section occurred | 7 | | while the person's driver's license was suspended or | 8 | | revoked for a violation of Section 9-3 of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012, relating to the | 10 | | offense of reckless homicide, or a violation of | 11 | | subparagraph (F) of paragraph (1) of subsection (d) of | 12 | | Section 11-501 of this Code, relating to the offense of | 13 | | aggravated driving under the influence of alcohol, other | 14 | | drug or drugs, or intoxicating compound or compounds, or | 15 | | any combination thereof when the violation was a proximate | 16 | | cause of a death, or a similar out-of-state offense, or was | 17 | | suspended or revoked for a violation of Section 11-401 or | 18 | | 11-501 of this Code, a similar out-of-state offense, a | 19 | | similar provision of a local ordinance, or a statutory | 20 | | summary suspension or revocation under Section 11-501.1 of | 21 | | this Code.
| 22 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 23 | | thirteenth, or fourteenth violation of this Section is guilty | 24 | | of a Class 3 felony, and is not eligible for probation or | 25 | | conditional discharge, if: | 26 | | (1) the current violation occurred when the person's |
| | | HB3084 | - 14 - | LRB100 08442 RLC 18560 b |
|
| 1 | | driver's license was suspended or revoked for a violation | 2 | | of Section 11-401 or 11-501 of this Code, or a similar | 3 | | out-of-state offense, or a similar provision of a local | 4 | | ordinance, or a statutory summary suspension or revocation | 5 | | under Section 11-501.1 of this Code; and | 6 | | (2) the prior convictions under this Section occurred | 7 | | while the person's driver's license was suspended or | 8 | | revoked for a violation of Section 11-401 or 11-501 of this | 9 | | Code, a similar out-of-state offense, a similar provision | 10 | | of a local ordinance, or a statutory suspension or | 11 | | revocation under Section 11-501.1 of this Code, or for a | 12 | | violation of Section 9-3 of the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012, relating to the offense of | 14 | | reckless homicide, or a violation of subparagraph (F) of | 15 | | paragraph (1) of subsection (d) of Section 11-501 of this | 16 | | Code, relating to the offense of aggravated driving under | 17 | | the influence of alcohol, other drug or drugs, or | 18 | | intoxicating compound or compounds, or any combination | 19 | | thereof when the violation was a proximate cause of a | 20 | | death, or a similar out-of-state offense. | 21 | | (d-5) Any person convicted of a fifteenth or subsequent | 22 | | violation of this Section is guilty of a Class 2 felony, and is | 23 | | not eligible for probation or conditional discharge, if: | 24 | | (1) the current violation occurred when the person's | 25 | | driver's license was suspended or revoked for a violation | 26 | | of Section 11-401 or 11-501 of this Code, or a similar |
| | | HB3084 | - 15 - | LRB100 08442 RLC 18560 b |
|
| 1 | | 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; and | 4 | | (2) the prior convictions under this Section occurred | 5 | | while the person's driver's license was suspended or | 6 | | revoked for a violation of Section 11-401 or 11-501 of this | 7 | | Code, a similar out-of-state offense, a similar provision | 8 | | of a local ordinance, or a statutory summary suspension or | 9 | | revocation under Section 11-501.1 of this Code, or for a | 10 | | violation of Section 9-3 of the Criminal Code of 1961 or | 11 | | the Criminal Code of 2012, relating to the offense of | 12 | | reckless homicide, or a violation of subparagraph (F) of | 13 | | paragraph (1) of subsection (d) of Section 11-501 of this | 14 | | Code, relating to the offense of aggravated driving under | 15 | | the influence of alcohol, other drug or drugs, or | 16 | | intoxicating compound or compounds, or any combination | 17 | | thereof when the violation was a proximate cause of a | 18 | | death, or a similar out-of-state offense.
| 19 | | (e) Any person in violation of this Section who is also in | 20 | | violation of
Section 7-601 of this Code relating to mandatory | 21 | | insurance requirements, in
addition to other penalties imposed | 22 | | under this Section, shall have his or her
motor vehicle | 23 | | immediately impounded by the arresting law enforcement | 24 | | officer.
The motor vehicle may be released to any licensed | 25 | | driver upon a showing of
proof of insurance for the vehicle | 26 | | that was impounded and the notarized written
consent for the |
| | | HB3084 | - 16 - | LRB100 08442 RLC 18560 b |
|
| 1 | | release by the vehicle owner.
| 2 | | (f) For any prosecution under this Section, a certified | 3 | | copy of the
driving abstract of the defendant shall be admitted | 4 | | as proof of any prior
conviction.
| 5 | | (g) The motor vehicle used in a violation of this Section | 6 | | is subject
to seizure and forfeiture as provided in Sections | 7 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 8 | | driving privilege was revoked
or suspended as a result of: | 9 | | (1) a violation of Section 11-501 of this Code, a | 10 | | similar provision
of a local ordinance, or a similar | 11 | | provision of a law of another state; | 12 | | (2) a violation of paragraph (b) of Section 11-401 of | 13 | | this Code, a
similar provision of a local ordinance, or a | 14 | | similar provision of a law of another state; | 15 | | (3) a statutory summary suspension or revocation under | 16 | | Section 11-501.1 of this
Code or a similar provision of a | 17 | | law of another state; or | 18 | | (4) a violation of Section 9-3 of the Criminal Code of | 19 | | 1961 or the Criminal Code of 2012 relating to the offense | 20 | | of reckless homicide, or a violation of subparagraph (F) of | 21 | | paragraph (1) of subsection (d) of Section 11-501 of this | 22 | | Code, relating to the offense of aggravated driving under | 23 | | the influence of alcohol, other drug or drugs, or | 24 | | intoxicating compound or compounds, or any combination | 25 | | thereof when the violation was a proximate cause of a | 26 | | death, or a similar provision of a law of another state.
|
| | | HB3084 | - 17 - | LRB100 08442 RLC 18560 b |
|
| 1 | | (Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; | 2 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff. | 3 | | 1-1-16 .)
| 4 | | Section 10. The Criminal Code of 2012 is amended by | 5 | | changing Section 3-5 as follows:
| 6 | | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
| 7 | | Sec. 3-5. General limitations. | 8 | | (a) A prosecution for: (1) first degree murder, attempt to | 9 | | commit first
degree
murder, second degree murder,
involuntary | 10 | | manslaughter, reckless homicide, or a violation of | 11 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 12 | | 11-501 of the Illinois Vehicle Code for the offense of | 13 | | aggravated driving under the influence of alcohol, other drug | 14 | | or drugs, or intoxicating compound or compounds, or any | 15 | | combination thereof when the violation was a proximate cause of | 16 | | a death, leaving the scene of a motor vehicle accident | 17 | | involving death or personal injuries under Section 11-401 of | 18 | | the Illinois Vehicle Code, failing to give information and | 19 | | render aid under Section 11-403 of the Illinois Vehicle Code, | 20 | | concealment of homicidal
death, treason, arson, residential | 21 | | arson, aggravated arson, forgery, child pornography under | 22 | | paragraph (1) of subsection (a) of Section 11-20.1, aggravated | 23 | | child pornography under paragraph (1) of subsection (a) of | 24 | | Section 11-20.1B, or (2) any offense
involving sexual conduct |
| | | HB3084 | - 18 - | LRB100 08442 RLC 18560 b |
|
| 1 | | or sexual penetration, as defined by
Section 11-0.1 of this | 2 | | Code in which the DNA profile of the offender is
obtained and | 3 | | entered into a DNA database within 10 years after the | 4 | | commission
of the offense, may be commenced at any
time.
Clause | 5 | | (2) of this subsection (a) applies if either: (i) the victim | 6 | | reported the
offense to law enforcement authorities within 3 | 7 | | years after the commission
of the offense unless a longer | 8 | | period for reporting the offense to law
enforcement authorities
| 9 | | is provided in Section 3-6 or (ii) the victim is murdered | 10 | | during the course of the offense or within 2 years after the | 11 | | commission of the offense.
| 12 | | (a-5) A prosecution for theft of property exceeding | 13 | | $100,000 in value under Section 16-1, identity theft under | 14 | | subsection (a) of Section 16-30, aggravated identity theft | 15 | | under subsection (b) of Section 16-30, financial exploitation | 16 | | of an elderly person or a person with a disability under | 17 | | Section 17-56; or any offense set forth in Article 16H or | 18 | | Section 17-10.6 may be commenced within 7 years of the last act | 19 | | committed in furtherance of the crime. | 20 | | (b) Unless the statute describing the offense provides | 21 | | otherwise, or the
period of limitation is extended by Section | 22 | | 3-6, a prosecution for any
offense not designated in subsection | 23 | | (a) or (a-5) must be commenced within 3 years
after the | 24 | | commission of the offense if it is a felony, or within one year
| 25 | | and 6 months after its commission if it is a misdemeanor.
| 26 | | (Source: P.A. 98-265, eff. 1-1-14; 99-820, eff. 8-15-16.)
|
|