Full Text of HB5963 99th General Assembly
HB5963 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5963 Introduced , by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-303 | from Ch. 95 1/2, par. 6-303 |
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Amends the Illinois Vehicle Code. Requires a minimum term of imprisonment of 10 consecutive days if a person is convicted of driving on a revoked or suspended license for driving under the influence or a statutory summary suspension, while there is any amount of alcohol or illegal drug in his or her breath, blood, or urine.
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| | A BILL FOR |
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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 | | 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 |
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| 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 similar | 14 | | provision of a law of another state, is guilty of a Class 4 | 15 | | felony. The person shall be required to undergo a professional | 16 | | evaluation, as provided in Section 11-501 of this Code, to | 17 | | determine if an alcohol, drug, or intoxicating compound problem | 18 | | exists and the extent of the problem, and to undergo the | 19 | | imposition of treatment as appropriate.
| 20 | | (a-10) A person's driver's license, permit, or privilege to | 21 | | obtain a driver's license or permit may be subject to multiple | 22 | | revocations, multiple suspensions, or any combination of both | 23 | | simultaneously. No revocation or suspension shall serve to | 24 | | negate, invalidate, cancel, postpone, or in any way lessen the | 25 | | effect of any other revocation or suspension entered prior or | 26 | | subsequent to any other revocation or suspension. |
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| 1 | | (b) (Blank). | 2 | | (b-1) Upon receiving a report of the conviction of any | 3 | | violation indicating a person was operating a motor vehicle | 4 | | during the time when the person's driver's license, permit or | 5 | | privilege was suspended by the Secretary of State or the | 6 | | driver's licensing administrator of another state, except as | 7 | | specifically allowed by a probationary license, judicial | 8 | | driving permit, restricted driving permit or monitoring device | 9 | | driving permit the Secretary shall extend the suspension for | 10 | | the same period of time as the originally imposed suspension | 11 | | unless the suspension has already expired, in which case the | 12 | | Secretary shall be authorized to suspend the person's driving | 13 | | privileges for the same period of time as the originally | 14 | | imposed suspension. | 15 | | (b-2) Except as provided in subsection (b-6), upon | 16 | | receiving a report of the conviction of any violation | 17 | | indicating a person was operating a motor vehicle when the | 18 | | person's driver's license, permit or privilege was revoked by | 19 | | the Secretary of State or the driver's license administrator of | 20 | | any other state, except as specifically allowed by a restricted | 21 | | driving permit issued pursuant to this Code or the law of | 22 | | another state, the Secretary shall not issue a driver's license | 23 | | for an additional period of one year from the date of such | 24 | | conviction indicating such person was operating a vehicle | 25 | | during such period of revocation. | 26 | | (b-3) (Blank).
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| 1 | | (b-4) When the Secretary of State receives a report of a | 2 | | conviction of any violation indicating a person was operating a | 3 | | motor vehicle that was not equipped with an ignition interlock | 4 | | device during a time when the person was prohibited from | 5 | | operating a motor vehicle not equipped with such a device, the | 6 | | Secretary shall not issue a driver's license to that person for | 7 | | an additional period of one year from the date of the | 8 | | conviction.
| 9 | | (b-5) Any person convicted of violating this Section shall | 10 | | serve a minimum
term of imprisonment of 30 consecutive days or | 11 | | 300
hours of community service
when the person's driving | 12 | | privilege was revoked or suspended as a result of a violation | 13 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012,
relating to the offense of reckless homicide, or | 15 | | a similar provision of a law of another state.
| 16 | | (b-6) Upon receiving a report of a first conviction of | 17 | | operating a motor vehicle while the person's driver's license, | 18 | | permit or privilege was revoked where the revocation was for a | 19 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 relating to the offense of reckless | 21 | | homicide or a similar out-of-state offense, the Secretary shall | 22 | | not issue a driver's license for an additional period of three | 23 | | years from the date of such conviction. | 24 | | (c) Except as provided in subsections (c-3) and (c-4), any | 25 | | person convicted of violating this Section shall serve a | 26 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
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| 1 | | of community service
when the person's driving privilege was | 2 | | revoked or suspended as a result of:
| 3 | | (1) a violation of Section 11-501 of this Code or a | 4 | | similar provision
of a local ordinance relating to the | 5 | | offense of operating or being in physical
control of a | 6 | | vehicle while under the influence of alcohol, any other | 7 | | drug
or any combination thereof; or
| 8 | | (2) a violation of paragraph (b) of Section 11-401 of | 9 | | this Code or a
similar provision of a local ordinance | 10 | | relating to the offense of leaving the
scene of a motor | 11 | | vehicle accident involving personal injury or death; or
| 12 | | (3)
a statutory summary suspension or revocation under | 13 | | Section 11-501.1 of this
Code.
| 14 | | However, a person under paragraph (1) or (3) of this | 15 | | subsection (c) is not eligible for the community service and | 16 | | must be sentenced to the term of imprisonment provided in this | 17 | | subsection, if at the time of the violation there was any | 18 | | amount of alcohol or illegal drug in his or her breath, blood, | 19 | | or urine. | 20 | | The Such sentence of imprisonment or community service | 21 | | shall not be subject
to suspension in order to reduce the such | 22 | | sentence.
| 23 | | (c-1) Except as provided in subsections (c-5) and (d), any | 24 | | person convicted of a
second violation of this Section shall be | 25 | | ordered by the court to serve a
minimum
of 100 hours of | 26 | | community service.
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| 1 | | (c-2) In addition to other penalties imposed under this | 2 | | Section, the
court may impose on any person convicted a fourth | 3 | | time of violating this
Section any of
the following:
| 4 | | (1) Seizure of the license plates of the person's | 5 | | vehicle.
| 6 | | (2) Immobilization of the person's vehicle for a period | 7 | | of time
to be determined by the court.
| 8 | | (c-3) Any person convicted of a violation of this Section | 9 | | during a period of summary suspension imposed pursuant to | 10 | | Section 11-501.1 when the person was eligible for a MDDP shall | 11 | | be guilty of a Class 4 felony and shall serve a minimum term of | 12 | | imprisonment of 30 days. | 13 | | (c-4) Any person who has been issued a MDDP or a restricted | 14 | | driving permit which requires the person to operate only motor | 15 | | vehicles equipped with an ignition interlock device 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 |
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| 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 |
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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 | | (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 |
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| 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 |
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| 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, |
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| 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 |
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| 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 |
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| 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. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; |
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| 1 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff. | 2 | | 1-1-16 .)
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