Full Text of HB4472 100th General Assembly
HB4472eng 100TH GENERAL ASSEMBLY |
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| 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 | | Sections 3-707, 3-710, 6-303, and 7-610 and by adding Section | 6 | | 7-601.5 as follows:
| 7 | | (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
| 8 | | Sec. 3-707. Operation of uninsured motor vehicle - penalty.
| 9 | | (a) No person
shall operate a motor vehicle in this State | 10 | | unless the motor vehicle is covered by a
liability insurance | 11 | | policy in accordance with Section 7-601 or 7-601.5 of this | 12 | | Code.
| 13 | | (a-5) A person commits the offense of operation of | 14 | | uninsured motor vehicle causing bodily harm when the person: | 15 | | (1) operates a motor vehicle in violation of Section | 16 | | 7-601 or 7-601.5 of this Code; and | 17 | | (2) causes, as a proximate result of the person's | 18 | | operation of the motor vehicle, bodily harm to another | 19 | | person. | 20 | | (a-6) Uninsured operation of a motor vehicle under | 21 | | subsection (a-5) is a Class A misdemeanor. If a person | 22 | | convicted of the offense of operation of a motor vehicle under | 23 | | subsection (a-5) has previously been convicted of 2 or more |
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| 1 | | violations of subsection (a-5) of this Section or of Section | 2 | | 7-601 or 7-601.5 of this Code, a fine of $2,500, in addition to | 3 | | any sentence of incarceration, must be imposed. | 4 | | (b) Any person who fails to comply with a request by a law | 5 | | enforcement
officer for display of evidence of insurance, as | 6 | | required under Section
7-602 of this Code, shall be deemed to | 7 | | be operating an uninsured motor vehicle.
| 8 | | (c) Except as provided in subsections (a-6) and (c-5), any | 9 | | operator of a motor vehicle subject to registration under this
| 10 | | Code
who is convicted of violating this Section is guilty of a | 11 | | petty
offense and shall be required to pay a fine in excess of | 12 | | $500, but
not more than $1,000, except a person convicted of a | 13 | | third or subsequent violation of this Section shall be guilty | 14 | | of a business offense and shall be required to pay a fine of | 15 | | $1,000. However, no person charged with violating this
Section | 16 | | shall be convicted if such person produces in court | 17 | | satisfactory
evidence that at the time of the arrest the motor | 18 | | vehicle was covered by a
liability insurance policy in | 19 | | accordance with Section 7-601 or 7-601.5 of this Code.
The | 20 | | chief judge of each circuit may designate an officer of the | 21 | | court to
review the documentation demonstrating that at the | 22 | | time of arrest the motor
vehicle was covered by a liability | 23 | | insurance policy in accordance with Section
7-601 or 7-601.5 of | 24 | | this Code. | 25 | | (c-1) A person convicted of violating this Section shall | 26 | | also have his or her driver's license, permit, or privileges |
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| 1 | | suspended for 3 months. After the expiration of the 3 months, | 2 | | the person's driver's license, permit, or privileges shall not | 3 | | be reinstated until he or she has paid a reinstatement fee of | 4 | | $100. If a person violates this Section while his or her | 5 | | driver's license, permit, or privileges are suspended under | 6 | | this subsection (c-1), his or her driver's license, permit, or | 7 | | privileges shall be suspended for an additional 6 months and | 8 | | until he or she pays the reinstatement fee.
| 9 | | (c-5) A person who (i) has not previously been convicted of | 10 | | or received a disposition of court supervision for violating | 11 | | this Section and (ii) produces at his or her court appearance | 12 | | satisfactory evidence that the motor vehicle is covered, as of | 13 | | the date of the court appearance, by a liability insurance | 14 | | policy in accordance with Section 7-601 or 7-601.5 of this Code | 15 | | shall, for a violation of this Section, other than a violation | 16 | | of subsection (a-5), pay a fine of $100 and receive a | 17 | | disposition of court supervision. The person must, on the date | 18 | | that the period of court supervision is scheduled to terminate, | 19 | | produce satisfactory evidence that the vehicle was covered by | 20 | | the required liability insurance policy during the entire | 21 | | period of court supervision. | 22 | | An officer of the court designated under subsection (c) may | 23 | | also review liability insurance documentation under this | 24 | | subsection (c-5) to determine if the motor vehicle is, as of | 25 | | the date of the court appearance, covered by a liability | 26 | | insurance policy in accordance with Section 7-601 or 7-601.5 of |
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| 1 | | this Code. The officer of the court shall also determine, on | 2 | | the date the period of court supervision is scheduled to | 3 | | terminate, whether the vehicle was covered by the required | 4 | | policy during the entire period of court supervision.
| 5 | | (d) A person convicted a third or subsequent time of | 6 | | violating this
Section or a similar provision of a local | 7 | | ordinance must give proof to the
Secretary of State of the | 8 | | person's financial responsibility as defined in
Section 7-315. | 9 | | The person must maintain the proof in a manner satisfactory to
| 10 | | the Secretary for a minimum period of 3 years after the date | 11 | | the proof is
first filed. The Secretary must suspend the | 12 | | driver's license of any person
determined by the Secretary not | 13 | | to have provided adequate proof of financial
responsibility as | 14 | | required by this subsection.
| 15 | | (Source: P.A. 99-613, eff. 1-1-17; 100-202, eff. 1-1-18 .)
| 16 | | (625 ILCS 5/3-710) (from Ch. 95 1/2, par. 3-710)
| 17 | | Sec. 3-710. Display of false insurance card. No person | 18 | | shall display
evidence of insurance to a law enforcement | 19 | | officer, court, or officer of
the court, knowing there is no
| 20 | | valid liability insurance in effect on the motor vehicle as | 21 | | required under
Section 7-601 or 7-601.5 of this Code or knowing | 22 | | the evidence of insurance is
illegally altered, counterfeit, or | 23 | | otherwise invalid as evidence of
insurance required under | 24 | | Section 7-602 of this Code. If the law
enforcement officer | 25 | | issues a citation to a motor vehicle operator for
displaying |
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| 1 | | invalid evidence of insurance, the officer shall confiscate the
| 2 | | evidence for presentation in court.
| 3 | | Any person convicted of violating this Section is guilty of | 4 | | a Class A
misdemeanor.
| 5 | | (Source: P.A. 89-565, eff. 7-26-96.)
| 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 | 24 | | of a motor vehicle accident that causes personal injury or | 25 | | death to another. For purposes of this subsection, a personal |
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| 1 | | injury includes any Type A injury as indicated on the traffic | 2 | | accident report completed by a law enforcement officer that | 3 | | requires immediate professional attention in either a doctor's | 4 | | office or a medical facility. A Type A injury includes severe | 5 | | bleeding wounds, distorted extremities, and injuries that | 6 | | require the injured party to be carried from the scene. | 7 | | (a-5) Any person who violates this Section as provided in | 8 | | subsection (a) while his or her driver's license, permit or | 9 | | privilege is revoked because of a violation of Section 9-3 of | 10 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 11 | | relating to the offense of reckless homicide, or a violation of | 12 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 13 | | 11-501 of this Code, relating to the offense of aggravated | 14 | | driving under the influence of alcohol, other drug or drugs, or | 15 | | intoxicating compound or compounds, or any combination thereof | 16 | | when the violation was a proximate cause of a death, or a | 17 | | similar provision of a law of another state, is guilty of a | 18 | | Class 4 felony. The person shall be required to undergo a | 19 | | professional evaluation, as provided in Section 11-501 of this | 20 | | Code, to determine if an alcohol, drug, or intoxicating | 21 | | compound problem exists and the extent of the problem, and to | 22 | | undergo the imposition of treatment as appropriate.
| 23 | | (a-10) A person's driver's license, permit, or privilege to | 24 | | obtain a driver's license or permit may be subject to multiple | 25 | | revocations, multiple suspensions, or any combination of both | 26 | | simultaneously. No revocation or suspension shall serve to |
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| 1 | | negate, invalidate, cancel, postpone, or in any way lessen the | 2 | | effect of any other revocation or suspension entered prior or | 3 | | subsequent to any other revocation or suspension. | 4 | | (b) (Blank). | 5 | | (b-1) Upon receiving a report of the conviction of any | 6 | | violation indicating a person was operating a motor vehicle | 7 | | during the time when the person's driver's license, permit or | 8 | | privilege was suspended by the Secretary of State or the | 9 | | driver's licensing administrator of another state, except as | 10 | | specifically allowed by a probationary license, judicial | 11 | | driving permit, restricted driving permit or monitoring device | 12 | | driving permit the Secretary shall extend the suspension for | 13 | | the same period of time as the originally imposed suspension | 14 | | unless the suspension has already expired, in which case the | 15 | | Secretary shall be authorized to suspend the person's driving | 16 | | privileges for the same period of time as the originally | 17 | | imposed suspension. | 18 | | (b-2) Except as provided in subsection (b-6), upon | 19 | | receiving a report of the conviction of any violation | 20 | | indicating a person was operating a motor vehicle when the | 21 | | person's driver's license, permit or privilege was revoked by | 22 | | the Secretary of State or the driver's license administrator of | 23 | | any other state, except as specifically allowed by a restricted | 24 | | driving permit issued pursuant to this Code or the law of | 25 | | another state, the Secretary shall not issue a driver's license | 26 | | for an additional period of one year from the date of such |
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| 1 | | conviction indicating such person was operating a vehicle | 2 | | during such period of revocation. | 3 | | (b-3) (Blank).
| 4 | | (b-4) When the Secretary of State receives a report of a | 5 | | conviction of any violation indicating a person was operating a | 6 | | motor vehicle that was not equipped with an ignition interlock | 7 | | device during a time when the person was prohibited from | 8 | | operating a motor vehicle not equipped with such a device, the | 9 | | Secretary shall not issue a driver's license to that person for | 10 | | an additional period of one year from the date of the | 11 | | conviction.
| 12 | | (b-5) Any person convicted of violating this Section shall | 13 | | serve a minimum
term of imprisonment of 30 consecutive days or | 14 | | 300
hours of community service
when the person's driving | 15 | | privilege was revoked or suspended as a result of a violation | 16 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012,
relating to the offense of reckless homicide, or | 18 | | a violation of subparagraph (F) of paragraph (1) of subsection | 19 | | (d) of Section 11-501 of this Code, relating to the offense of | 20 | | aggravated driving under the influence of alcohol, other drug | 21 | | or drugs, or intoxicating compound or compounds, or any | 22 | | combination thereof when the violation was a proximate cause of | 23 | | a death, or a similar 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 |
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| 1 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012 relating to the offense of reckless | 3 | | homicide, or a violation of subparagraph (F) of paragraph (1) | 4 | | of subsection (d) of Section 11-501 of this Code, relating to | 5 | | the offense of aggravated driving under the influence of | 6 | | alcohol, other drug or drugs, or intoxicating compound or | 7 | | compounds, or any combination thereof when the violation was a | 8 | | proximate cause of a death, or a similar out-of-state offense, | 9 | | the Secretary shall not issue a driver's license for an | 10 | | additional period of three years from the date of such | 11 | | conviction. | 12 | | (c) Except as provided in subsections (c-3) and (c-4), any | 13 | | person convicted of violating this Section shall serve a | 14 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 15 | | of community service
when the person's driving privilege was | 16 | | revoked or suspended as a result of:
| 17 | | (1) a violation of Section 11-501 of this Code or a | 18 | | similar provision
of a local ordinance relating to the | 19 | | offense of operating or being in physical
control of a | 20 | | vehicle while under the influence of alcohol, any other | 21 | | drug
or any combination thereof; or
| 22 | | (2) a violation of paragraph (b) of Section 11-401 of | 23 | | this Code or a
similar provision of a local ordinance | 24 | | relating to the offense of leaving the
scene of a motor | 25 | | vehicle accident involving personal injury or death; or
| 26 | | (3)
a statutory summary suspension or revocation under |
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| 1 | | Section 11-501.1 of this
Code.
| 2 | | Such sentence of imprisonment or community service shall | 3 | | not be subject
to suspension in order to reduce such sentence.
| 4 | | (c-1) Except as provided in subsections (c-5) and (d), any | 5 | | person convicted of a
second violation of this Section shall be | 6 | | ordered by the court to serve a
minimum
of 100 hours of | 7 | | community service.
| 8 | | (c-2) In addition to other penalties imposed under this | 9 | | Section, the
court may impose on any person convicted a fourth | 10 | | time of violating this
Section any of
the following:
| 11 | | (1) Seizure of the license plates of the person's | 12 | | vehicle.
| 13 | | (2) Immobilization of the person's vehicle for a period | 14 | | of time
to be determined by the court.
| 15 | | (c-3) Any person convicted of a violation of this Section | 16 | | during a period of summary suspension imposed pursuant to | 17 | | Section 11-501.1 when the person was eligible for a MDDP shall | 18 | | be guilty of a Class 4 felony and shall serve a minimum term of | 19 | | imprisonment of 30 days. | 20 | | (c-4) Any person who has been issued a MDDP or a restricted | 21 | | driving permit which requires the person to operate only motor | 22 | | vehicles equipped with an ignition interlock device and who is | 23 | | convicted of a violation of this Section as a result of | 24 | | operating or being in actual physical control of a motor | 25 | | vehicle not equipped with an ignition interlock device at the | 26 | | time of the offense shall be guilty of a Class 4 felony and |
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| 1 | | shall serve a minimum term of imprisonment of 30 days.
| 2 | | (c-5) Any person convicted of a second violation of this
| 3 | | Section is guilty of a Class 2 felony, is not eligible for | 4 | | probation or conditional discharge, and shall serve a mandatory | 5 | | term of
imprisonment, if: | 6 | | (1) the current violation occurred when the person's | 7 | | driver's license was suspended or revoked for a violation | 8 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 9 | | Code of 2012, relating
to the offense of reckless homicide, | 10 | | or a violation of subparagraph (F) of paragraph (1) of | 11 | | subsection (d) of Section 11-501 of this Code, relating to | 12 | | the offense of aggravated driving under the influence of | 13 | | alcohol, other drug or drugs, or intoxicating compound or | 14 | | compounds, or any combination thereof when the violation | 15 | | was a proximate cause of a death, or a similar out-of-state | 16 | | offense; and | 17 | | (2) the prior conviction under this Section occurred | 18 | | while the person's driver's license was suspended or | 19 | | revoked for a violation of Section 9-3 of the Criminal Code | 20 | | of 1961 or the Criminal Code of 2012 relating to the | 21 | | offense of reckless homicide, or a violation of | 22 | | subparagraph (F) of paragraph (1) of subsection (d) of | 23 | | Section 11-501 of this Code, relating to the offense of | 24 | | aggravated driving under the influence of alcohol, other | 25 | | drug or drugs, or intoxicating compound or compounds, or | 26 | | any combination thereof when the violation was a proximate |
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| 1 | | cause of a death, or a similar out-of-state offense, or was | 2 | | suspended or revoked for a violation of Section 11-401 or | 3 | | 11-501 of this Code, a similar out-of-state offense, a | 4 | | similar provision of a local ordinance, or a statutory | 5 | | summary suspension or revocation under Section 11-501.1 of | 6 | | this Code.
| 7 | | (d) Any person convicted of a second violation of this
| 8 | | Section shall be guilty of a Class 4 felony and shall serve a | 9 | | minimum term of
imprisonment of 30 days or 300 hours of | 10 | | community service, as determined by the
court, if: | 11 | | (1) the current violation occurred when the person's | 12 | | driver's license was suspended or revoked for a violation | 13 | | of Section 11-401 or 11-501 of this Code,
a similar | 14 | | out-of-state offense, a similar provision of a local
| 15 | | ordinance, or a
statutory summary suspension or revocation | 16 | | under Section 11-501.1 of this Code; and | 17 | | (2) the prior conviction under this Section occurred | 18 | | while the person's driver's license was suspended or | 19 | | revoked for a violation of Section 11-401 or 11-501 of this | 20 | | Code, a similar out-of-state offense, a similar provision | 21 | | of a local ordinance, or a statutory summary suspension or | 22 | | revocation under Section 11-501.1 of this Code, or for a | 23 | | violation of Section 9-3 of the Criminal Code of 1961 or | 24 | | the Criminal Code of 2012, relating to the offense of | 25 | | reckless homicide, or a violation of subparagraph (F) of | 26 | | paragraph (1) of subsection (d) of Section 11-501 of this |
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| 1 | | Code, relating to the offense of aggravated driving under | 2 | | the influence of alcohol, other drug or drugs, or | 3 | | intoxicating compound or compounds, or any combination | 4 | | thereof when the violation was a proximate cause of a | 5 | | death, or a similar out-of-state offense.
| 6 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 7 | | (d-3), any
person convicted of
a third or subsequent violation | 8 | | of this Section shall serve a minimum term of
imprisonment of | 9 | | 30 days or 300 hours of community service, as determined by the
| 10 | | court.
| 11 | | (d-2) Any person convicted of a third violation of this
| 12 | | Section is guilty of a Class 4 felony and must serve a minimum | 13 | | term of
imprisonment of 30 days, if: | 14 | | (1) the current violation occurred when the person's | 15 | | driver's license was suspended or revoked for a violation | 16 | | of Section 11-401 or 11-501 of this Code,
or a similar | 17 | | 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; and | 20 | | (2) the prior convictions under this Section occurred | 21 | | while the person's driver's license was suspended or | 22 | | revoked for a violation of Section 11-401 or 11-501 of this | 23 | | Code, a similar out-of-state offense, a similar provision | 24 | | of a local ordinance, or a statutory summary suspension or | 25 | | revocation under Section 11-501.1 of this Code, or for a | 26 | | violation of Section 9-3 of the Criminal Code of 1961 or |
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| 1 | | the Criminal Code of 2012, relating to the offense of | 2 | | reckless homicide, or a violation of subparagraph (F) of | 3 | | paragraph (1) of subsection (d) of Section 11-501 of this | 4 | | Code, relating to the offense of aggravated driving under | 5 | | the influence of alcohol, other drug or drugs, or | 6 | | intoxicating compound or compounds, or any combination | 7 | | thereof when the violation was a proximate cause of a | 8 | | death, or a similar out-of-state offense.
| 9 | | (d-2.5) Any person convicted of a third violation of this
| 10 | | Section is guilty of a Class 1 felony, is not eligible for | 11 | | probation or conditional discharge, and must serve a mandatory | 12 | | term of
imprisonment, if: | 13 | | (1) the current violation occurred while the person's | 14 | | driver's license was suspended or revoked for a violation | 15 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, relating to the offense of reckless homicide, | 17 | | or a violation of subparagraph (F) of paragraph (1) of | 18 | | subsection (d) of Section 11-501 of this Code, relating to | 19 | | the offense of aggravated driving under the influence of | 20 | | alcohol, other drug or drugs, or intoxicating compound or | 21 | | compounds, or any combination thereof when the violation | 22 | | was a proximate cause of a death, or a similar out-of-state | 23 | | offense.
The person's driving privileges shall be revoked | 24 | | for the remainder of the 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 violation of | 4 | | subparagraph (F) of paragraph (1) of subsection (d) of | 5 | | Section 11-501 of this Code, relating to the offense of | 6 | | aggravated driving under the influence of alcohol, other | 7 | | drug or drugs, or intoxicating compound or compounds, or | 8 | | any combination thereof when the violation was a proximate | 9 | | cause of a death, or a similar out-of-state offense, or was | 10 | | suspended or revoked for a violation of Section 11-401 or | 11 | | 11-501 of this Code, a similar out-of-state offense, a | 12 | | similar provision of a local ordinance, or a statutory | 13 | | summary suspension or revocation under Section 11-501.1 of | 14 | | this Code. | 15 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 16 | | seventh, eighth, or ninth violation of this
Section is guilty | 17 | | of a Class 4 felony and must serve a minimum term of
| 18 | | imprisonment of 180 days, if: | 19 | | (1) the current violation occurred when the person's | 20 | | driver's license was suspended or revoked for a
violation | 21 | | of Section 11-401 or 11-501 of this Code, a similar | 22 | | out-of-state
offense, a similar provision of a local | 23 | | ordinance, or a statutory
summary suspension or revocation | 24 | | under Section 11-501.1 of this Code; 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 11-401 or 11-501 of this | 2 | | Code, a similar out-of-state offense, a similar provision | 3 | | of a local ordinance, or a statutory summary suspension or | 4 | | revocation under Section 11-501.1 of this Code, or for a | 5 | | violation of Section 9-3 of the Criminal Code of 1961 or | 6 | | the Criminal Code of 2012, relating to the offense of | 7 | | reckless homicide, or a violation of subparagraph (F) of | 8 | | paragraph (1) of subsection (d) of Section 11-501 of this | 9 | | Code, relating to the offense of aggravated driving under | 10 | | the influence of alcohol, other drug or drugs, or | 11 | | intoxicating compound or compounds, or any combination | 12 | | thereof when the violation was a proximate cause of a | 13 | | death, or a similar out-of-state offense.
| 14 | | (d-3.5) Any person convicted of a fourth or subsequent | 15 | | violation of this
Section is guilty of a Class 1 felony, is not | 16 | | eligible for probation or conditional discharge, and must serve | 17 | | a mandatory term of
imprisonment, and is eligible for an | 18 | | extended term, if: | 19 | | (1) the current violation occurred when the person's | 20 | | driver's license was suspended or revoked for a
violation | 21 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 22 | | Code of 2012, relating to the offense of reckless homicide, | 23 | | or a violation of subparagraph (F) of paragraph (1) of | 24 | | subsection (d) of Section 11-501 of this Code, relating to | 25 | | the offense of aggravated driving under the influence of | 26 | | alcohol, other drug or drugs, or intoxicating compound or |
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| 1 | | compounds, or any combination thereof when the violation | 2 | | was a proximate cause of a death, or a similar out-of-state | 3 | | offense; 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 9-3 of the Criminal Code | 7 | | of 1961 or the Criminal Code of 2012, relating to the | 8 | | offense of reckless homicide, or a violation of | 9 | | subparagraph (F) of paragraph (1) of subsection (d) of | 10 | | Section 11-501 of this Code, relating to the offense of | 11 | | aggravated driving under the influence of alcohol, other | 12 | | drug or drugs, or intoxicating compound or compounds, or | 13 | | any combination thereof when the violation was a proximate | 14 | | cause of a death, or a similar out-of-state offense, or was | 15 | | suspended or revoked for a violation of Section 11-401 or | 16 | | 11-501 of this Code, a similar out-of-state offense, a | 17 | | similar provision of a local ordinance, or a statutory | 18 | | summary suspension or revocation under Section 11-501.1 of | 19 | | this Code.
| 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: | 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 |
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| 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 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 | | (d-5) Any person convicted of a fifteenth or subsequent | 20 | | violation of this Section is guilty of a Class 2 felony, and is | 21 | | not eligible for probation or conditional discharge, if: | 22 | | (1) the current violation occurred when the person's | 23 | | driver's license was suspended or revoked for a violation | 24 | | of Section 11-401 or 11-501 of this Code, or a similar | 25 | | out-of-state offense, or a similar provision of a local | 26 | | ordinance, or a statutory summary suspension or revocation |
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| 1 | | under Section 11-501.1 of this Code; and | 2 | | (2) the prior convictions under this Section occurred | 3 | | while the person's driver's license was suspended or | 4 | | revoked for a violation of Section 11-401 or 11-501 of this | 5 | | Code, a similar out-of-state offense, a similar provision | 6 | | of a local ordinance, or a statutory summary suspension or | 7 | | revocation under Section 11-501.1 of this Code, or for a | 8 | | violation of Section 9-3 of the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012, relating to the offense of | 10 | | reckless homicide, or a violation of subparagraph (F) of | 11 | | paragraph (1) of subsection (d) of Section 11-501 of this | 12 | | Code, relating to the offense of aggravated driving under | 13 | | the influence of alcohol, other drug or drugs, or | 14 | | intoxicating compound or compounds, or any combination | 15 | | thereof when the violation was a proximate cause of a | 16 | | death, or a similar out-of-state offense.
| 17 | | (e) Any person in violation of this Section who is also in | 18 | | violation of
Section 7-601 or 7-601.5 of this Code relating to | 19 | | mandatory insurance requirements, in
addition to other | 20 | | penalties imposed under this Section, shall have his or her
| 21 | | motor vehicle immediately impounded by the arresting law | 22 | | enforcement officer.
The motor vehicle may be released to any | 23 | | licensed driver upon a showing of
proof of insurance for the | 24 | | vehicle that was impounded and the notarized written
consent | 25 | | for the release by the vehicle owner.
| 26 | | (f) For any prosecution under this Section, a certified |
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| 1 | | copy of the
driving abstract of the defendant shall be admitted | 2 | | as proof of any prior
conviction.
| 3 | | (g) The motor vehicle used in a violation of this Section | 4 | | is subject
to seizure and forfeiture as provided in Sections | 5 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 6 | | driving privilege was revoked
or suspended as a result of: | 7 | | (1) a violation of Section 11-501 of this Code, a | 8 | | similar provision
of a local ordinance, or a similar | 9 | | provision of a law of another state; | 10 | | (2) a violation of paragraph (b) of Section 11-401 of | 11 | | this Code, a
similar provision of a local ordinance, or a | 12 | | similar provision of a law of another state; | 13 | | (3) a statutory summary suspension or revocation under | 14 | | Section 11-501.1 of this
Code or a similar provision of a | 15 | | law of another state; or | 16 | | (4) a violation of Section 9-3 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 relating to the offense | 18 | | of reckless homicide, or a violation of subparagraph (F) of | 19 | | paragraph (1) of subsection (d) of Section 11-501 of this | 20 | | Code, relating to the offense of aggravated driving under | 21 | | the influence of alcohol, other drug or drugs, or | 22 | | intoxicating compound or compounds, or any combination | 23 | | thereof when the violation was a proximate cause of a | 24 | | death, or a similar provision of a law of another state.
| 25 | | (Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18 .)
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| 1 | | (625 ILCS 5/7-601.5 new) | 2 | | Sec. 7-601.5. Required liability insurance policy; | 3 | | out-of-state registration. No person shall operate a motor | 4 | | vehicle registered in another state upon the highways of this | 5 | | State unless the vehicle is covered by a liability insurance | 6 | | policy. The operator of the vehicle shall carry within the | 7 | | vehicle evidence of the insurance.
| 8 | | (625 ILCS 5/7-610) (from Ch. 95 1/2, par. 7-610)
| 9 | | Sec. 7-610. Immunity. No state or local governmental unit | 10 | | and no
government official or employee acting in the course of | 11 | | his or her official
duties in the administration or enforcement | 12 | | of Section 7-601 or 7-601.5 and related
provisions of this Code | 13 | | shall be liable for any damages, brought directly
or indirectly | 14 | | by the injured party or a third party, except for damages
| 15 | | resulting from willful and wanton misconduct or gross | 16 | | negligence on the
part of the governmental unit, official or | 17 | | employee.
| 18 | | (Source: P.A. 86-149.)
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