Full Text of HB4008 99th General Assembly
HB4008eng 99TH GENERAL ASSEMBLY |
| | HB4008 Engrossed | | LRB099 08870 RJF 29042 b |
|
| 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 6-102 and 6-303 as follows:
| 6 | | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
| 7 | | Sec. 6-102. What persons are exempt. The following persons | 8 | | are exempt
from the requirements of Section 6-101 and are not | 9 | | required to have an
Illinois drivers license or permit if one | 10 | | or more of the following
qualifying exemptions are met and | 11 | | apply:
| 12 | | 1. Any employee of the United States Government or any | 13 | | member of the
Armed Forces of the United States, while | 14 | | operating a motor vehicle owned by
or leased to the United | 15 | | States Government and being operated on official
business | 16 | | need not be licensed;
| 17 | | 2. A nonresident who has in his immediate possession a | 18 | | valid license issued
to him in his home state or country | 19 | | may operate a motor vehicle for which
he is licensed for | 20 | | the period during which he is in this State;
| 21 | | 3. A nonresident and his spouse and children living | 22 | | with him who is a
student at a college or university in | 23 | | Illinois who have a valid license
issued by their home |
| | | HB4008 Engrossed | - 2 - | LRB099 08870 RJF 29042 b |
|
| 1 | | State.
| 2 | | 4. A person operating a road machine temporarily upon a | 3 | | highway or
operating a farm tractor between the home farm | 4 | | buildings and any adjacent
or nearby farm land for the | 5 | | exclusive purpose of conducting farm operations
need not be | 6 | | licensed as a driver.
| 7 | | 5. A resident of this State who has been serving as a | 8 | | member of the
Armed Forces of the United States outside the | 9 | | Continental limits of the
United States, for a period of | 10 | | 120 days following his return to the
continental limits of | 11 | | the United States.
| 12 | | 6. A nonresident on active duty in the Armed Forces of | 13 | | the United States
who has a valid license issued by his | 14 | | home state and such nonresident's
spouse, and dependent | 15 | | children and living with parents, who have a valid
license | 16 | | issued by their home state.
| 17 | | 7. A nonresident who becomes a resident of this State, | 18 | | may for a period of
the first 90 days of residence in | 19 | | Illinois operate any motor vehicle which
he was qualified | 20 | | or licensed to drive by his home state or country so long
| 21 | | as he has in his possession, a valid and current license | 22 | | issued to him by
his home state or country. Upon expiration | 23 | | of such 90 day period, such new
resident must comply with | 24 | | the provisions of this Act and apply for an
Illinois | 25 | | license or permit.
| 26 | | 8. An engineer, conductor, brakeman, or any other |
| | | HB4008 Engrossed | - 3 - | LRB099 08870 RJF 29042 b |
|
| 1 | | member of the crew
of a locomotive or train being operated | 2 | | upon rails, including operation on
a railroad crossing over | 3 | | a public street, road or highway. Such person is
not | 4 | | required to display a driver's license to any law | 5 | | enforcement officer
in connection with the operation of a | 6 | | locomotive or train within this State.
| 7 | | The provisions of this Section granting exemption to any | 8 | | nonresident
shall be operative to the same extent that the laws | 9 | | of the State or country
of such nonresident grant like | 10 | | exemption to residents of this State.
| 11 | | The Secretary of State may implement the exemption | 12 | | provisions of this
Section by inclusion thereof in a | 13 | | reciprocity agreement, arrangement or
declaration issued | 14 | | pursuant to this Act.
| 15 | | (Source: P.A. 96-607, eff. 8-24-09; 97-835, eff. 7-20-12.)
| 16 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 17 | | Sec. 6-303. Driving while driver's license, permit or | 18 | | privilege to
operate a motor vehicle is suspended or revoked.
| 19 | | (a) Except as otherwise provided in subsection (a-5), and | 20 | | except as exempted under subsection 4 of Section 6-102 of this | 21 | | Code, any person who drives or is in actual physical control of | 22 | | a motor
vehicle on any highway of this State at a time when | 23 | | such person's driver's
license, permit or privilege to do so or | 24 | | the privilege to obtain a driver's
license or permit is revoked | 25 | | or suspended as provided by this Code or the law
of another |
| | | HB4008 Engrossed | - 4 - | LRB099 08870 RJF 29042 b |
|
| 1 | | state, except as may be specifically allowed by a judicial | 2 | | driving
permit issued prior to January 1, 2009, monitoring | 3 | | device driving permit, family financial responsibility driving | 4 | | permit, probationary
license to drive, or a restricted driving | 5 | | permit issued pursuant to this Code
or under the law of another | 6 | | state, shall be guilty of a Class A misdemeanor.
| 7 | | (a-3) A second or subsequent violation of subsection (a) of | 8 | | this Section is a Class 4 felony if committed by a person whose | 9 | | driving or operation of a motor vehicle is the proximate cause | 10 | | of a motor vehicle accident that causes personal injury or | 11 | | death to another. For purposes of this subsection, a personal | 12 | | injury includes any Type A injury as indicated on the traffic | 13 | | accident report completed by a law enforcement officer that | 14 | | requires immediate professional attention in either a doctor's | 15 | | office or a medical facility. A Type A injury includes severe | 16 | | bleeding wounds, distorted extremities, and injuries that | 17 | | require the injured party to be carried from the scene. | 18 | | (a-5) Any person who violates this Section as provided in | 19 | | subsection (a) while his or her driver's license, permit or | 20 | | privilege is revoked because of a violation of Section 9-3 of | 21 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 22 | | relating to the offense of reckless homicide or a similar | 23 | | provision of a law of another state, is guilty of a Class 4 | 24 | | felony. The person shall be required to undergo a professional | 25 | | evaluation, as provided in Section 11-501 of this Code, to | 26 | | determine if an alcohol, drug, or intoxicating compound problem |
| | | HB4008 Engrossed | - 5 - | LRB099 08870 RJF 29042 b |
|
| 1 | | exists and the extent of the problem, and to undergo the | 2 | | imposition of treatment as appropriate.
| 3 | | (a-10) A person's driver's license, permit, or privilege to | 4 | | obtain a driver's license or permit may be subject to multiple | 5 | | revocations, multiple suspensions, or any combination of both | 6 | | simultaneously. No revocation or suspension shall serve to | 7 | | negate, invalidate, cancel, postpone, or in any way lessen the | 8 | | effect of any other revocation or suspension entered prior or | 9 | | subsequent to any other revocation or suspension. | 10 | | (b) (Blank). | 11 | | (b-1) Upon receiving a report of the conviction of any | 12 | | violation indicating a person was operating a motor vehicle | 13 | | during the time when the person's driver's license, permit or | 14 | | privilege was suspended by the Secretary of State or the | 15 | | driver's licensing administrator of another state, except as | 16 | | specifically allowed by a probationary license, judicial | 17 | | driving permit, restricted driving permit or monitoring device | 18 | | driving permit the Secretary shall extend the suspension for | 19 | | the same period of time as the originally imposed suspension | 20 | | unless the suspension has already expired, in which case the | 21 | | Secretary shall be authorized to suspend the person's driving | 22 | | privileges for the same period of time as the originally | 23 | | imposed suspension. | 24 | | (b-2) Except as provided in subsection (b-6), upon | 25 | | receiving a report of the conviction of any violation | 26 | | indicating a person was operating a motor vehicle when the |
| | | HB4008 Engrossed | - 6 - | LRB099 08870 RJF 29042 b |
|
| 1 | | person's driver's license, permit or privilege was revoked by | 2 | | the Secretary of State or the driver's license administrator of | 3 | | any other state, except as specifically allowed by a restricted | 4 | | driving permit issued pursuant to this Code or the law of | 5 | | another state, the Secretary shall not issue a driver's license | 6 | | for an additional period of one year from the date of such | 7 | | conviction indicating such person was operating a vehicle | 8 | | during such period of revocation. | 9 | | (b-3) (Blank).
| 10 | | (b-4) When the Secretary of State receives a report of a | 11 | | conviction of any violation indicating a person was operating a | 12 | | motor vehicle that was not equipped with an ignition interlock | 13 | | device during a time when the person was prohibited from | 14 | | operating a motor vehicle not equipped with such a device, the | 15 | | Secretary shall not issue a driver's license to that person for | 16 | | an additional period of one year from the date of the | 17 | | conviction.
| 18 | | (b-5) Any person convicted of violating this Section shall | 19 | | serve a minimum
term of imprisonment of 30 consecutive days or | 20 | | 300
hours of community service
when the person's driving | 21 | | privilege was revoked or suspended as a result of a violation | 22 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012,
relating to the offense of reckless homicide, or | 24 | | a similar provision of a law of another state.
| 25 | | (b-6) Upon receiving a report of a first conviction of | 26 | | operating a motor vehicle while the person's driver's license, |
| | | HB4008 Engrossed | - 7 - | LRB099 08870 RJF 29042 b |
|
| 1 | | permit or privilege was revoked where the revocation was for a | 2 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012 relating to the offense of reckless | 4 | | homicide or a similar out-of-state offense, the Secretary shall | 5 | | not issue a driver's license for an additional period of three | 6 | | years from the date of such conviction. | 7 | | (c) Except as provided in subsections (c-3) and (c-4), any | 8 | | person convicted of violating this Section shall serve a | 9 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 10 | | of community service
when the person's driving privilege was | 11 | | revoked or suspended as a result of:
| 12 | | (1) a violation of Section 11-501 of this Code or a | 13 | | similar provision
of a local ordinance relating to the | 14 | | offense of operating or being in physical
control of a | 15 | | vehicle while under the influence of alcohol, any other | 16 | | drug
or any combination thereof; or
| 17 | | (2) a violation of paragraph (b) of Section 11-401 of | 18 | | this Code or a
similar provision of a local ordinance | 19 | | relating to the offense of leaving the
scene of a motor | 20 | | vehicle accident involving personal injury or death; or
| 21 | | (3)
a statutory summary suspension or revocation under | 22 | | Section 11-501.1 of this
Code.
| 23 | | Such sentence of imprisonment or community service shall | 24 | | not be subject
to suspension in order to reduce such sentence.
| 25 | | (c-1) Except as provided in subsections (c-5) and (d), any | 26 | | person convicted of a
second violation of this Section shall be |
| | | HB4008 Engrossed | - 8 - | LRB099 08870 RJF 29042 b |
|
| 1 | | ordered by the court to serve a
minimum
of 100 hours of | 2 | | community service.
| 3 | | (c-2) In addition to other penalties imposed under this | 4 | | Section, the
court may impose on any person convicted a fourth | 5 | | time of violating this
Section any of
the following:
| 6 | | (1) Seizure of the license plates of the person's | 7 | | vehicle.
| 8 | | (2) Immobilization of the person's vehicle for a period | 9 | | of time
to be determined by the court.
| 10 | | (c-3) Any person convicted of a violation of this Section | 11 | | during a period of summary suspension imposed pursuant to | 12 | | Section 11-501.1 when the person was eligible for a MDDP shall | 13 | | be guilty of a Class 4 felony and shall serve a minimum term of | 14 | | imprisonment of 30 days. | 15 | | (c-4) Any person who has been issued a MDDP and who is | 16 | | convicted of a violation of this Section as a result of | 17 | | operating or being in actual physical control of a motor | 18 | | vehicle not equipped with an ignition interlock device at the | 19 | | time of the offense shall be guilty of a Class 4 felony and | 20 | | shall serve a minimum term of imprisonment of 30 days.
| 21 | | (c-5) Any person convicted of a second violation of this
| 22 | | Section is guilty of a Class 2 felony, is not eligible for | 23 | | probation or conditional discharge, and shall serve a mandatory | 24 | | term of
imprisonment, if: | 25 | | (1) the current violation occurred when the person's | 26 | | driver's license was suspended or revoked for a violation |
| | | HB4008 Engrossed | - 9 - | LRB099 08870 RJF 29042 b |
|
| 1 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 2 | | Code of 2012, relating
to the offense of reckless homicide, | 3 | | or a similar out-of-state offense; and | 4 | | (2) the prior conviction 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 similar out-of-state | 9 | | offense, or was suspended or revoked for a violation of | 10 | | Section 11-401 or 11-501 of this Code, a similar | 11 | | out-of-state offense, a similar provision of a local | 12 | | ordinance, or a statutory summary suspension or revocation | 13 | | under Section 11-501.1 of this Code.
| 14 | | (d) Any person convicted of a second violation of this
| 15 | | Section shall be guilty of a Class 4 felony and shall serve a | 16 | | minimum term of
imprisonment of 30 days or 300 hours of | 17 | | community service, as determined by the
court, 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,
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; and | 24 | | (2) the prior conviction 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 |
| | | HB4008 Engrossed | - 10 - | LRB099 08870 RJF 29042 b |
|
| 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 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 8 | | (d-3), any
person convicted of
a third or subsequent violation | 9 | | of this Section shall serve a minimum term of
imprisonment of | 10 | | 30 days or 300 hours of community service, as determined by the
| 11 | | court.
| 12 | | (d-2) Any person convicted of a third violation of this
| 13 | | Section is guilty of a Class 4 felony and must serve a minimum | 14 | | term of
imprisonment of 30 days, if: | 15 | | (1) the current violation occurred when the person's | 16 | | driver's license was suspended or revoked for a violation | 17 | | of Section 11-401 or 11-501 of this Code,
or a similar | 18 | | out-of-state offense, or a similar provision of a local
| 19 | | ordinance, or a
statutory summary suspension or revocation | 20 | | under Section 11-501.1 of this Code; and | 21 | | (2) the prior convictions under this Section occurred | 22 | | while the person's driver's license was suspended or | 23 | | revoked for a violation of Section 11-401 or 11-501 of this | 24 | | Code, a similar out-of-state offense, a similar provision | 25 | | of a local ordinance, or a statutory summary suspension or | 26 | | revocation under Section 11-501.1 of this Code, or for a |
| | | HB4008 Engrossed | - 11 - | LRB099 08870 RJF 29042 b |
|
| 1 | | violation of Section 9-3 of the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012, relating to the offense of | 3 | | reckless homicide, or a similar out-of-state offense.
| 4 | | (d-2.5) Any person convicted of a third violation of this
| 5 | | Section is guilty of a Class 1 felony, is not eligible for | 6 | | probation or conditional discharge, and must serve a mandatory | 7 | | term of
imprisonment, if: | 8 | | (1) the current violation occurred while 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 similar out-of-state offense.
The person's driving | 13 | | privileges shall be revoked for the remainder of the | 14 | | person's life; and | 15 | | (2) the prior convictions under this Section occurred | 16 | | while the person's driver's license was suspended or | 17 | | revoked for a violation of Section 9-3 of the Criminal Code | 18 | | of 1961 or the Criminal Code of 2012, relating to the | 19 | | offense of reckless homicide, or a similar out-of-state | 20 | | offense, or was suspended or revoked for a violation of | 21 | | 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. | 25 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 26 | | seventh, eighth, or ninth violation of this
Section is guilty |
| | | HB4008 Engrossed | - 12 - | LRB099 08870 RJF 29042 b |
|
| 1 | | of a Class 4 felony and must serve a minimum term of
| 2 | | imprisonment of 180 days, if: | 3 | | (1) the current violation occurred when the person's | 4 | | driver's license was suspended or revoked for a
violation | 5 | | of 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; and | 9 | | (2) the prior convictions under this Section occurred | 10 | | while the person's driver's license was suspended or | 11 | | revoked for a violation of Section 11-401 or 11-501 of this | 12 | | Code, a similar out-of-state offense, a similar provision | 13 | | of a local ordinance, or a statutory summary suspension or | 14 | | revocation under Section 11-501.1 of this Code, or for a | 15 | | violation of Section 9-3 of the Criminal Code of 1961 or | 16 | | the Criminal Code of 2012, relating to the offense of | 17 | | reckless homicide, or a similar out-of-state offense.
| 18 | | (d-3.5) Any person convicted of a fourth or subsequent | 19 | | violation of this
Section is guilty of a Class 1 felony, is not | 20 | | eligible for probation or conditional discharge, and must serve | 21 | | a mandatory term of
imprisonment, and is eligible for an | 22 | | extended term, if: | 23 | | (1) the current violation occurred when the person's | 24 | | driver's license was suspended or revoked for a
violation | 25 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 26 | | Code of 2012, relating to the offense of reckless homicide, |
| | | HB4008 Engrossed | - 13 - | LRB099 08870 RJF 29042 b |
|
| 1 | | or a similar out-of-state offense; 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 9-3 of the Criminal Code | 5 | | of 1961 or the Criminal Code of 2012, relating to the | 6 | | offense of reckless homicide, or a similar out-of-state | 7 | | offense, or was suspended or revoked for a violation of | 8 | | Section 11-401 or 11-501 of this Code, a similar | 9 | | out-of-state offense, a similar provision of a local | 10 | | ordinance, or a statutory summary suspension or revocation | 11 | | under Section 11-501.1 of this Code.
| 12 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 13 | | thirteenth, or fourteenth violation of this Section is guilty | 14 | | of a Class 3 felony, and is not eligible for probation or | 15 | | conditional discharge, if: | 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 suspension or |
| | | HB4008 Engrossed | - 14 - | LRB099 08870 RJF 29042 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 similar out-of-state offense. | 5 | | (d-5) Any person convicted of a fifteenth or subsequent | 6 | | violation of this Section is guilty of a Class 2 felony, and is | 7 | | not eligible for probation or conditional discharge, 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 11-401 or 11-501 of this Code, or a similar | 11 | | out-of-state offense, or a similar provision of a local | 12 | | ordinance, or a statutory summary suspension or revocation | 13 | | under Section 11-501.1 of this Code; and | 14 | | (2) the prior convictions under this Section occurred | 15 | | while the person's driver's license was suspended or | 16 | | revoked for a violation of Section 11-401 or 11-501 of this | 17 | | Code, a similar out-of-state offense, a similar provision | 18 | | of a local ordinance, or a statutory summary suspension or | 19 | | revocation under Section 11-501.1 of this Code, or for a | 20 | | violation of Section 9-3 of the Criminal Code of 1961 or | 21 | | the Criminal Code of 2012, relating to the offense of | 22 | | reckless homicide, or a similar out-of-state offense.
| 23 | | (e) Any person in violation of this Section who is also in | 24 | | violation of
Section 7-601 of this Code relating to mandatory | 25 | | insurance requirements, in
addition to other penalties imposed | 26 | | under this Section, shall have his or her
motor vehicle |
| | | HB4008 Engrossed | - 15 - | LRB099 08870 RJF 29042 b |
|
| 1 | | immediately impounded by the arresting law enforcement | 2 | | officer.
The motor vehicle may be released to any licensed | 3 | | driver upon a showing of
proof of insurance for the vehicle | 4 | | that was impounded and the notarized written
consent for the | 5 | | release by the vehicle owner.
| 6 | | (f) For any prosecution under this Section, a certified | 7 | | copy of the
driving abstract of the defendant shall be admitted | 8 | | as proof of any prior
conviction.
| 9 | | (g) The motor vehicle used in a violation of this Section | 10 | | is subject
to seizure and forfeiture as provided in Sections | 11 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 12 | | driving privilege was revoked
or suspended as a result of: | 13 | | (1) a violation of Section 11-501 of this Code, a | 14 | | similar provision
of a local ordinance, or a similar | 15 | | provision of a law of another state; | 16 | | (2) a violation of paragraph (b) of Section 11-401 of | 17 | | this Code, a
similar provision of a local ordinance, or a | 18 | | similar provision of a law of another state; | 19 | | (3) a statutory summary suspension or revocation under | 20 | | Section 11-501.1 of this
Code or a similar provision of a | 21 | | law of another state; or | 22 | | (4) a violation of Section 9-3 of the Criminal Code of | 23 | | 1961 or the Criminal Code of 2012 relating to the offense | 24 | | of reckless homicide, or a similar provision of a law of | 25 | | another state.
| 26 | | (Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13; |
| | | HB4008 Engrossed | - 16 - | LRB099 08870 RJF 29042 b |
|
| 1 | | 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff. | 2 | | 8-27-13; 98-756, eff. 7-16-14.)
|
|