Full Text of HB3920 100th General Assembly
HB3920ham003 100TH GENERAL ASSEMBLY | Rep. Litesa E. Wallace Filed: 4/6/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3920
| 2 | | AMENDMENT NO. ______. Amend House Bill 3920, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Section 6-303 as follows:
| 7 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 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) or | 11 | | (a-7) , any person who drives or is in actual physical control | 12 | | of a motor
vehicle on any highway of this State at a time when | 13 | | such person's driver's
license, permit or privilege to do so or | 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 |
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| 1 | | driving
permit issued prior to January 1, 2009, monitoring | 2 | | device driving permit, family financial responsibility driving | 3 | | permit, probationary
license to drive, or a restricted driving | 4 | | permit issued pursuant to this Code
or under the law of another | 5 | | state, shall be guilty of a Class A misdemeanor.
| 6 | | (a-3) A second or subsequent violation of subsection (a) of | 7 | | this Section is a Class 4 felony if committed by a person whose | 8 | | driving or operation of a motor vehicle is the proximate cause | 9 | | of a motor vehicle accident that causes personal injury or | 10 | | death to another. For purposes of this subsection, a personal | 11 | | injury includes any Type A injury as indicated on the traffic | 12 | | accident report completed by a law enforcement officer that | 13 | | requires immediate professional attention in either a doctor's | 14 | | office or a medical facility. A Type A injury includes severe | 15 | | bleeding wounds, distorted extremities, and injuries that | 16 | | require the injured party to be carried from the scene. | 17 | | (a-5) Any person who violates this Section as provided in | 18 | | subsection (a) while his or her driver's license, permit or | 19 | | privilege is revoked because of a violation of Section 9-3 of | 20 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 21 | | relating to the offense of reckless homicide or a similar | 22 | | provision of a law of another state, is guilty of a Class 4 | 23 | | felony. The person shall be required to undergo a professional | 24 | | evaluation, as provided in Section 11-501 of this Code, to | 25 | | determine if an alcohol, drug, or intoxicating compound problem | 26 | | exists and the extent of the problem, and to undergo the |
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| 1 | | imposition of treatment as appropriate.
| 2 | | (a-7) Any person who violates this Section as provided in | 3 | | subsection (a) while his or her driver's license or privilege | 4 | | to drive is suspended under Section 6-306.5 or 7-702 of this | 5 | | Code shall receive a Uniform Traffic Citation from the law | 6 | | enforcement officer. A person who receives 3 or more Uniform | 7 | | Traffic Citations under this subsection (a-7) without paying | 8 | | any fees associated with the citations shall be guilty of a | 9 | | Class A misdemeanor. | 10 | | (a-10) A person's driver's license, permit, or privilege to | 11 | | obtain a driver's license or permit may be subject to multiple | 12 | | revocations, multiple suspensions, or any combination of both | 13 | | simultaneously. No revocation or suspension shall serve to | 14 | | negate, invalidate, cancel, postpone, or in any way lessen the | 15 | | effect of any other revocation or suspension entered prior or | 16 | | subsequent to any other revocation or suspension. | 17 | | (b) (Blank). | 18 | | (b-1) Except for a person under subsection (a-7) of this | 19 | | Section, upon Upon receiving a report of the conviction of any | 20 | | violation indicating a person was operating a motor vehicle | 21 | | during the time when the person's driver's license, permit or | 22 | | privilege was suspended by the Secretary of State or the | 23 | | driver's licensing administrator of another state, except as | 24 | | specifically allowed by a probationary license, judicial | 25 | | driving permit, restricted driving permit or monitoring device | 26 | | driving permit the Secretary shall extend the suspension for |
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| 1 | | the same period of time as the originally imposed suspension | 2 | | unless the suspension has already expired, in which case the | 3 | | Secretary shall be authorized to suspend the person's driving | 4 | | privileges for the same period of time as the originally | 5 | | imposed suspension. | 6 | | (b-2) Except as provided in subsection (b-6) or (a-7) , upon | 7 | | receiving a report of the conviction of any violation | 8 | | indicating a person was operating a motor vehicle when the | 9 | | person's driver's license, permit or privilege was revoked by | 10 | | the Secretary of State or the driver's license administrator of | 11 | | any other state, except as specifically allowed by a restricted | 12 | | driving permit issued pursuant to this Code or the law of | 13 | | another state, the Secretary shall not issue a driver's license | 14 | | for an additional period of one year from the date of such | 15 | | conviction indicating such person was operating a vehicle | 16 | | during such period of revocation. | 17 | | (b-3) (Blank).
| 18 | | (b-4) When the Secretary of State receives a report of a | 19 | | conviction of any violation indicating a person was operating a | 20 | | motor vehicle that was not equipped with an ignition interlock | 21 | | device during a time when the person was prohibited from | 22 | | operating a motor vehicle not equipped with such a device, the | 23 | | Secretary shall not issue a driver's license to that person for | 24 | | an additional period of one year from the date of the | 25 | | conviction.
| 26 | | (b-5) Any person convicted of violating this Section shall |
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| 1 | | serve a minimum
term of imprisonment of 30 consecutive days or | 2 | | 300
hours of community service
when the person's driving | 3 | | privilege was revoked or suspended as a result of a violation | 4 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 5 | | Code of 2012,
relating to the offense of reckless homicide, or | 6 | | a similar provision of a law of another state.
| 7 | | (b-6) Upon receiving a report of a first conviction of | 8 | | operating a motor vehicle while the person's driver's license, | 9 | | permit or privilege was revoked where the revocation was for a | 10 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012 relating to the offense of reckless | 12 | | homicide or a similar out-of-state offense, the Secretary shall | 13 | | not issue a driver's license for an additional period of three | 14 | | years from the date of such conviction. | 15 | | (c) Except as provided in subsections (c-3)and (c-4), any | 16 | | person convicted of violating this Section shall serve a | 17 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 18 | | of community service
when the person's driving privilege was | 19 | | revoked or suspended as a result of:
| 20 | | (1) a violation of Section 11-501 of this Code or a | 21 | | similar provision
of a local ordinance relating to the | 22 | | offense of operating or being in physical
control of a | 23 | | vehicle while under the influence of alcohol, any other | 24 | | drug
or any combination thereof; or
| 25 | | (2) a violation of paragraph (b) of Section 11-401 of | 26 | | this Code or a
similar provision of a local ordinance |
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| 1 | | relating to the offense of leaving the
scene of a motor | 2 | | vehicle accident involving personal injury or death; or
| 3 | | (3)
a statutory summary suspension or revocation under | 4 | | Section 11-501.1 of this
Code.
| 5 | | Such sentence of imprisonment or community service shall | 6 | | not be subject
to suspension in order to reduce such sentence.
| 7 | | (c-1) Except as provided in subsections (a-7), (c-5) , and | 8 | | (d), any person convicted of a
second violation of this Section | 9 | | shall be ordered by the court to serve a
minimum
of 100 hours | 10 | | of community service.
| 11 | | (c-2) In addition to other penalties imposed under this | 12 | | Section, the
court may impose on any person convicted a fourth | 13 | | time of violating this
Section any of
the following:
| 14 | | (1) Seizure of the license plates of the person's | 15 | | vehicle.
| 16 | | (2) Immobilization of the person's vehicle for a period | 17 | | of time
to be determined by the court.
| 18 | | (c-3) Any person convicted of a violation of this Section | 19 | | during a period of summary suspension imposed pursuant to | 20 | | Section 11-501.1 when the person was eligible for a MDDP shall | 21 | | be guilty of a Class 4 felony and shall serve a minimum term of | 22 | | imprisonment of 30 days. | 23 | | (c-4) Any person who has been issued a MDDP or a restricted | 24 | | driving permit which requires the person to operate only motor | 25 | | vehicles equipped with an ignition interlock device and who is | 26 | | convicted of a violation of this Section as a result of |
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| 1 | | operating or being in actual physical control of a motor | 2 | | vehicle not equipped with an ignition interlock device at the | 3 | | time of the offense shall be guilty of a Class 4 felony and | 4 | | shall serve a minimum term of imprisonment of 30 days.
| 5 | | (c-5) Any person convicted of a second violation of this
| 6 | | Section is guilty of a Class 2 felony, is not eligible for | 7 | | probation or conditional discharge, and shall serve a mandatory | 8 | | term of
imprisonment, if: | 9 | | (1) the current violation occurred when the person's | 10 | | driver's license was suspended or revoked for a violation | 11 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 12 | | Code of 2012, relating
to the offense of reckless homicide, | 13 | | or a similar out-of-state offense; and | 14 | | (2) the prior conviction under this Section occurred | 15 | | while the person's driver's license was suspended or | 16 | | revoked for a violation of Section 9-3 of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012 relating to the | 18 | | offense of reckless homicide, or a similar out-of-state | 19 | | offense, or was suspended or revoked for a violation of | 20 | | Section 11-401 or 11-501 of this Code, a similar | 21 | | out-of-state offense, a similar provision of a local | 22 | | ordinance, or a statutory summary suspension or revocation | 23 | | under Section 11-501.1 of this Code.
| 24 | | (d) Any person convicted of a second violation of this
| 25 | | Section shall be guilty of a Class 4 felony and shall serve a | 26 | | minimum term of
imprisonment of 30 days or 300 hours of |
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| 1 | | community service, as determined by the
court, if: | 2 | | (1) the current violation occurred when the person's | 3 | | driver's license was suspended or revoked for a violation | 4 | | of Section 11-401 or 11-501 of this Code,
a similar | 5 | | out-of-state offense, a similar provision of a local
| 6 | | ordinance, or a
statutory summary suspension or revocation | 7 | | under Section 11-501.1 of this Code; and | 8 | | (2) the prior conviction under this Section occurred | 9 | | while the person's driver's license was suspended or | 10 | | revoked for a violation of Section 11-401 or 11-501 of this | 11 | | Code, a similar out-of-state offense, a similar provision | 12 | | of a local ordinance, or a statutory summary suspension or | 13 | | revocation under Section 11-501.1 of this Code, or for a | 14 | | violation of Section 9-3 of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012, relating to the offense of | 16 | | reckless homicide, or a similar out-of-state offense.
| 17 | | (d-1) Except as provided in subsections (a-7), (d-2), | 18 | | (d-2.5), and (d-3), any
person convicted of
a third or | 19 | | subsequent violation of this Section shall serve a minimum term | 20 | | of
imprisonment of 30 days or 300 hours of community service, | 21 | | as determined by the
court.
| 22 | | (d-2) Any person convicted of a third violation of this
| 23 | | Section is guilty of a Class 4 felony and must serve a minimum | 24 | | term of
imprisonment of 30 days, if: | 25 | | (1) the current violation occurred when the person's | 26 | | driver's license was suspended or revoked for a violation |
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| 1 | | of Section 11-401 or 11-501 of this Code,
or a similar | 2 | | out-of-state offense, or a similar provision of a local
| 3 | | ordinance, or a
statutory summary suspension or revocation | 4 | | under Section 11-501.1 of this Code; and | 5 | | (2) the prior convictions under this Section occurred | 6 | | while the person's driver's license was suspended or | 7 | | revoked for a violation of Section 11-401 or 11-501 of this | 8 | | Code, a similar out-of-state offense, a similar provision | 9 | | of a local ordinance, or a statutory summary suspension or | 10 | | revocation under Section 11-501.1 of this Code, or for a | 11 | | violation of Section 9-3 of the Criminal Code of 1961 or | 12 | | the Criminal Code of 2012, relating to the offense of | 13 | | reckless homicide, or a similar out-of-state offense.
| 14 | | (d-2.5) Any person convicted of a third violation of this
| 15 | | Section is guilty of a Class 1 felony, is not eligible for | 16 | | probation or conditional discharge, and must serve a mandatory | 17 | | term of
imprisonment, if: | 18 | | (1) the current violation occurred while the person's | 19 | | driver's license was suspended or revoked for a violation | 20 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 21 | | Code of 2012, relating to the offense of reckless homicide, | 22 | | or a similar out-of-state offense.
The person's driving | 23 | | privileges shall be revoked for the remainder of the | 24 | | person's life; and | 25 | | (2) the prior convictions under this Section occurred | 26 | | while the person's driver's license was suspended or |
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| 1 | | revoked for a violation of Section 9-3 of the Criminal Code | 2 | | of 1961 or the Criminal Code of 2012, relating to the | 3 | | offense of reckless homicide, or a similar out-of-state | 4 | | offense, or was suspended or revoked for a violation of | 5 | | Section 11-401 or 11-501 of this Code, a similar | 6 | | out-of-state offense, a similar provision of a local | 7 | | ordinance, or a statutory summary suspension or revocation | 8 | | under Section 11-501.1 of this Code. | 9 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 10 | | seventh, eighth, or ninth violation of this
Section is guilty | 11 | | of a Class 4 felony and must serve a minimum term of
| 12 | | imprisonment of 180 days, 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 convictions 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 |
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| 1 | | reckless homicide, or a similar out-of-state offense.
| 2 | | (d-3.5) Any person convicted of a fourth or subsequent | 3 | | violation of this
Section is guilty of a Class 1 felony, is not | 4 | | eligible for probation or conditional discharge, and must serve | 5 | | a mandatory term of
imprisonment, and is eligible for an | 6 | | extended term, if: | 7 | | (1) the current violation occurred when the person's | 8 | | driver's license was suspended or revoked for a
violation | 9 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012, relating to the offense of reckless homicide, | 11 | | or a similar out-of-state offense; and | 12 | | (2) the prior convictions under this Section occurred | 13 | | while the person's driver's license was suspended or | 14 | | revoked for a violation of Section 9-3 of the Criminal Code | 15 | | of 1961 or the Criminal Code of 2012, relating to the | 16 | | offense of reckless homicide, or a similar out-of-state | 17 | | offense, or was suspended or revoked for a violation of | 18 | | Section 11-401 or 11-501 of this Code, a similar | 19 | | out-of-state offense, a similar provision of a local | 20 | | ordinance, or a statutory summary suspension or revocation | 21 | | under Section 11-501.1 of 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 |
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| 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 similar out-of-state offense. | 15 | | (d-5) Any person convicted of a fifteenth or subsequent | 16 | | violation of this Section is guilty of a Class 2 felony, and is | 17 | | not eligible for probation or conditional discharge, if: | 18 | | (1) the current violation occurred when the person's | 19 | | driver's license was suspended or revoked for a violation | 20 | | of Section 11-401 or 11-501 of this Code, or a similar | 21 | | out-of-state offense, or a similar provision of a local | 22 | | ordinance, or a statutory summary suspension or revocation | 23 | | under Section 11-501.1 of this Code; and | 24 | | (2) the prior convictions under this Section occurred | 25 | | while the person's driver's license was suspended or | 26 | | revoked for a violation of Section 11-401 or 11-501 of this |
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| 1 | | Code, a similar out-of-state offense, a similar provision | 2 | | of a local ordinance, or a statutory summary suspension or | 3 | | revocation under Section 11-501.1 of this Code, or for a | 4 | | violation of Section 9-3 of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012, relating to the offense of | 6 | | reckless homicide, or a similar out-of-state offense.
| 7 | | (e) Any person in violation of this Section who is also in | 8 | | violation of
Section 7-601 of this Code relating to mandatory | 9 | | insurance requirements, in
addition to other penalties imposed | 10 | | under this Section, shall have his or her
motor vehicle | 11 | | immediately impounded by the arresting law enforcement | 12 | | officer.
The motor vehicle may be released to any licensed | 13 | | driver upon a showing of
proof of insurance for the vehicle | 14 | | that was impounded and the notarized written
consent for the | 15 | | release by the vehicle owner.
| 16 | | (f) For any prosecution under this Section, a certified | 17 | | copy of the
driving abstract of the defendant shall be admitted | 18 | | as proof of any prior
conviction.
| 19 | | (g) The motor vehicle used in a violation of this Section | 20 | | is subject
to seizure and forfeiture as provided in Sections | 21 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 22 | | driving privilege was revoked
or suspended as a result of: | 23 | | (1) a violation of Section 11-501 of this Code, a | 24 | | similar provision
of a local ordinance, or a similar | 25 | | provision of a law of another state; | 26 | | (2) a violation of paragraph (b) of Section 11-401 of |
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| 1 | | this Code, a
similar provision of a local ordinance, or a | 2 | | similar provision of a law of another state; | 3 | | (3) a statutory summary suspension or revocation under | 4 | | Section 11-501.1 of this
Code or a similar provision of a | 5 | | law of another state; or | 6 | | (4) a violation of Section 9-3 of the Criminal Code of | 7 | | 1961 or the Criminal Code of 2012 relating to the offense | 8 | | of reckless homicide, or a similar provision of a law of | 9 | | another state.
| 10 | | (Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; | 11 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff. | 12 | | 1-1-16 .)".
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