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90_SB1424
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
720 ILCS 5/36-1 from Ch. 38, par. 36-1
Amends the Illinois Vehicle Code. Permits impounding of
an arrested intoxicated person's vehicle for up to 12 hours
(now 6 hours). Permits longer impound period for multiple
offenders. Increases the reinstatement fee for a person
whose license has been suspended or revoked a second or
subsequent time. Provides that a person may not make
application for a license after his or her license has been
revoked if the person is convicted of committing a fourth or
subsequent DUI violation or driving while a license is
suspended or revoked (if the original suspension or
revocation was for a DUI violation). Increases the period of
statutory summary alcohol or other drug related suspension
for a refusal or failure to complete a test to determine
alcohol or drug concentration. Increases the penalty for a
person convicted of a third or subsequent violation for
driving while a license is suspended or revoked if the
original revocation or suspension was for violating certain
offenses. Provides that a person is guilty of aggravated
driving under the influence if the alcohol concentration in
the person's blood or breath is 0.20 or more. Increases the
penalty for a person who commits a DUI violation for a fourth
or subsequent time. Amends the Criminal Code to permit
seizure and forfeiture of vehicles of persons convicted of
certain DUI related offenses.
LRB9008478OBpkB
LRB9008478OBpkB
1 AN ACT concerning driving violations, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 4-203, 6-118, 6-208, 6-303, and 11-501 as
7 follows:
8 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
9 Sec. 4-203. Removal of motor vehicles or other vehicles;
10 Towing or hauling away.
11 (a) When a vehicle is abandoned, or left unattended, on a
12 toll highway, interstate highway, or expressway for 2 hours
13 or more, its removal by a towing service may be authorized by
14 a law enforcement agency having jurisdiction.
15 (b) When a vehicle is abandoned on a highway in an urban
16 district 10 hours or more, its removal by a towing service
17 may be authorized by a law enforcement agency having
18 jurisdiction.
19 (c) When a vehicle is abandoned or left unattended on a
20 highway other than a toll highway, interstate highway, or
21 expressway, outside of an urban district for 24 hours or
22 more, its removal by a towing service may be authorized by a
23 law enforcement agency having jurisdiction.
24 (d) When an abandoned, unattended, wrecked, burned or
25 partially dismantled vehicle is creating a traffic hazard
26 because of its position in relation to the highway or its
27 physical appearance is causing the impeding of traffic, its
28 immediate removal from the highway or private property
29 adjacent to the highway by a towing service may be authorized
30 by a law enforcement agency having jurisdiction.
31 (e) Whenever a peace officer reasonably believes that a
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1 person under arrest for a violation of Section 11-501 of this
2 Code or a similar provision of a local ordinance is likely,
3 upon release, to commit a subsequent violation of Section
4 11-501, or a similar provision of a local ordinance, the
5 arresting officer shall have the vehicle which the person was
6 operating at the time of the arrest impounded for a period of
7 not more than 12 6 hours after the time of arrest. However,
8 such vehicle may be released by the arresting law enforcement
9 agency prior to the end of the impoundment period if:
10 (1) the vehicle was not owned by the person under
11 arrest, and the lawful owner requesting such release
12 possesses a valid operator's license, proof of ownership,
13 and would not, as determined by the arresting law
14 enforcement agency, indicate a lack of ability to operate
15 a motor vehicle in a safe manner, or who would otherwise,
16 by operating such motor vehicle, be in violation of this
17 Code; or
18 (2) the vehicle is owned by the person under
19 arrest, and the person under arrest gives permission to
20 another person to operate such vehicle, provided however,
21 that the other person possesses a valid operator's
22 license and would not, as determined by the arresting law
23 enforcement agency, indicate a lack of ability to operate
24 a motor vehicle in a safe manner or who would otherwise,
25 by operating such motor vehicle, be in violation of this
26 Code.
27 (e-5) Whenever a registered owner of a vehicle is taken
28 into custody for operating the vehicle in violation of
29 Section 11-501 of this Code or a similar provision of a local
30 ordinance or in violation of Section 6-303 of this Code, a
31 law enforcement officer shall have the vehicle immediately
32 impounded for a period not less than:
33 (1) 24 hours for a second violation of Section
34 11-501 of this Code or a similar provision of a local
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1 ordinance or Section 6-303 of this Code; or
2 (2) 48 hours for a third violation of Section
3 11-501 of this Code or a similar provision of a local
4 ordinance or Section 6-303 of this Code.
5 (f) Except as provided in Chapter 18a of this Code, the
6 owner or lessor of privately owned real property within this
7 State, or any person authorized by such owner or lessor, or
8 any law enforcement agency in the case of publicly owned real
9 property may cause any motor vehicle abandoned or left
10 unattended upon such property without permission to be
11 removed by a towing service without liability for the costs
12 of removal, transportation or storage or damage caused by
13 such removal, transportation or storage. The towing or
14 removal of any vehicle from private property without the
15 consent of the registered owner or other legally authorized
16 person in control of the vehicle is subject to compliance
17 with the following conditions and restrictions:
18 1. Any towed or removed vehicle must be stored at
19 the site of the towing service's place of business. The
20 site must be open during business hours, and for the
21 purpose of redemption of vehicles, during the time that
22 the person or firm towing such vehicle is open for towing
23 purposes.
24 2. The towing service shall within 30 minutes of
25 completion of such towing or removal, notify the law
26 enforcement agency having jurisdiction of such towing or
27 removal, and the make, model, color and license plate
28 number of the vehicle, and shall obtain and record the
29 name of the person at the law enforcement agency to whom
30 such information was reported.
31 3. If the registered owner or legally authorized
32 person entitled to possession of the vehicle shall arrive
33 at the scene prior to actual removal or towing of the
34 vehicle, the vehicle shall be disconnected from the tow
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1 truck and that person shall be allowed to remove the
2 vehicle without interference, upon the payment of a
3 reasonable service fee of not more than one half the
4 posted rate of the towing service as provided in
5 paragraph 6 of this subsection, for which a receipt shall
6 be given.
7 4. The rebate or payment of money or any other
8 valuable consideration from the towing service or its
9 owners, managers or employees to the owners or operators
10 of the premises from which the vehicles are towed or
11 removed, for the privilege of removing or towing those
12 vehicles, is prohibited. Any individual who violates
13 this paragraph shall be guilty of a Class A misdemeanor.
14 5. Except for property appurtenant to and obviously
15 a part of a single family residence, and except for
16 instances where notice is personally given to the owner
17 or other legally authorized person in control of the
18 vehicle that the area in which that vehicle is parked is
19 reserved or otherwise unavailable to unauthorized
20 vehicles and they are subject to being removed at the
21 owner or operator's expense, any property owner or
22 lessor, prior to towing or removing any vehicle from
23 private property without the consent of the owner or
24 other legally authorized person in control of that
25 vehicle, must post a notice meeting the following
26 requirements:
27 a. The notice must be prominently placed at
28 each driveway access or curb cut allowing vehicular
29 access to the property within 5 feet from the public
30 right-of-way line. If there are no curbs or access
31 barriers, the sign must be posted not less than one
32 sign each 100 feet of lot frontage.
33 b. The notice must indicate clearly, in not
34 less than 2 inch high light-reflective letters on a
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1 contrasting background, that unauthorized vehicles
2 will be towed away at the owner's expense.
3 c. The notice must also provide the name and
4 current telephone number of the towing service
5 towing or removing the vehicle.
6 d. The sign structure containing the required
7 notices must be permanently installed with the
8 bottom of the sign not less than 4 feet above ground
9 level, and must be continuously maintained on the
10 property for not less than 24 hours prior to the
11 towing or removing of any vehicle.
12 6. Any towing service that tows or removes vehicles
13 and proposes to require the owner, operator, or person in
14 control of the vehicle to pay the costs of towing and
15 storage prior to redemption of the vehicle must file and
16 keep on record with the local law enforcement agency a
17 complete copy of the current rates to be charged for such
18 services, and post at the storage site an identical rate
19 schedule and any written contracts with property owners,
20 lessors, or persons in control of property which
21 authorize them to remove vehicles as provided in this
22 Section.
23 7. No person shall engage in the removal of
24 vehicles from private property as described in this
25 Section without filing a notice of intent in each
26 community where he intends to do such removal, and such
27 notice shall be filed at least 7 days before commencing
28 such towing.
29 8. No removal of a vehicle from private property
30 shall be done except upon express written instructions of
31 the owners or persons in charge of the private property
32 upon which the vehicle is said to be trespassing.
33 9. Vehicle entry for the purpose of removal shall
34 be allowed with reasonable care on the part of the person
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1 or firm towing the vehicle. Such person or firm shall be
2 liable for any damages occasioned to the vehicle if such
3 entry is not in accordance with the standards of
4 reasonable care.
5 10. When a vehicle has been towed or removed
6 pursuant to this Section, it must be released to its
7 owner or custodian within one half hour after requested,
8 if such request is made during business hours. Any
9 vehicle owner or custodian or agent shall have the right
10 to inspect the vehicle before accepting its return, and
11 no release or waiver of any kind which would release the
12 towing service from liability for damages incurred during
13 the towing and storage may be required from any vehicle
14 owner or other legally authorized person as a condition
15 of release of the vehicle. A detailed, signed receipt
16 showing the legal name of the towing service must be
17 given to the person paying towing or storage charges at
18 the time of payment, whether requested or not.
19 This Section shall not apply to law enforcement,
20 firefighting, rescue, ambulance, or other emergency vehicles
21 which are marked as such or to property owned by any
22 governmental entity.
23 When an authorized person improperly causes a motor
24 vehicle to be removed, such person shall be liable to the
25 owner or lessee of the vehicle for the cost or removal,
26 transportation and storage, any damages resulting from the
27 removal, transportation and storage, attorney's fee and court
28 costs.
29 Any towing or storage charges accrued shall be payable by
30 the use of any major credit card, in addition to being
31 payable in cash.
32 11. Towing companies shall also provide insurance
33 coverage for areas where vehicles towed under the
34 provisions of this Chapter will be impounded or otherwise
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1 stored, and shall adequately cover loss by fire, theft or
2 other risks.
3 Any person who fails to comply with the conditions and
4 restrictions of this subsection shall be guilty of a Class C
5 misdemeanor and shall be fined not less than $100 nor more
6 than $500.
7 (g) When a vehicle is determined to be a hazardous
8 dilapidated motor vehicle pursuant to Section 11-40-3.1 of
9 the Illinois Municipal Code, its removal and impoundment by a
10 towing service may be authorized by a law enforcement agency
11 with appropriate jurisdiction.
12 When a vehicle removal from either public or private
13 property is authorized by a law enforcement agency, the owner
14 of the vehicle shall be responsible for all towing and
15 storage charges.
16 Vehicles removed from public or private property and
17 stored by a commercial vehicle relocator or any other towing
18 service in compliance with this Section and Sections 4-201
19 and 4-202 of this Code, shall be subject to a possessor lien
20 for services pursuant to "An Act concerning liens for labor,
21 services, skill or materials furnished upon or storage
22 furnished for chattels", filed July 24, 1941, as amended, and
23 the provisions of Section 1 of that Act relating to notice
24 and implied consent shall be deemed satisfied by compliance
25 with Section 18a-302 and subsection (6) of Section 18a-300.
26 In no event shall such lien be greater than the rate or rates
27 established in accordance with subsection (6) of Section
28 18a-200 of this Code. In no event shall such lien be
29 increased or altered to reflect any charge for services or
30 materials rendered in addition to those authorized by this
31 Act. Every such lien shall be payable by use of any major
32 credit card, in addition to being payable in cash.
33 (Source: P.A. 86-460; 86-820; 86-1028; 87-531.)
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1 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
2 Sec. 6-118. Fees.
3 (a) The fee for licenses and permits under this Article
4 is as follows:
5 Original driver's license.............................$10
6 Original or renewal driver's license
7 issued to 18, 19 and 20 year olds..................5
8 All driver's licenses for persons
9 age 69 through age 80..............................5
10 All driver's licenses for persons
11 age 81 through age 86..............................2
12 All driver's licenses for persons
13 age 87 or older....................................0
14 Renewal driver's license (except for
15 applicants ages 18, 19 and 20 or
16 age 69 and older).................................10
17 Original instruction permit issued to
18 persons (except those age 69 and older)
19 who do not hold or have not previously
20 held an Illinois instruction permit or
21 driver's license..................................20
22 Instruction permit issued to any person
23 holding an Illinois driver's license
24 who wishes a change in classifications,
25 other than at the time of renewal..................5
26 Any instruction permit issued to a person
27 age 69 and older...................................5
28 Instruction permit issued to any person,
29 under age 69, not currently holding a
30 valid Illinois driver's license or
31 instruction permit but who has
32 previously been issued either document
33 in Illinois.......................................10
34 Restricted driving permit...............................8
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1 Duplicate or corrected driver's license
2 or permit..........................................5
3 Duplicate or corrected restricted
4 driving permit.....................................5
5 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
6 The fees for commercial driver licenses and permits
7 under Article V shall be as follows:
8 Commercial driver's license:
9 $6 for the CDLIS/AAMVAnet Fund
10 (Commercial Driver's License Information
11 System/American Association of Motor Vehicle
12 Administrators network Trust Fund);
13 $10 for the driver's license;
14 and $24 for the CDL:.............................$40
15 Renewal commercial driver's license:
16 $6 for the CDLIS/AAMVAnet Trust Fund;
17 $10 for the driver's license; and
18 $24 for the CDL:.................................$40
19 Commercial driver instruction permit
20 issued to any person holding a valid
21 Illinois driver's license for the
22 purpose of changing to a
23 CDL classification: $6 for the
24 CDLIS/AAMVAnet Trust Fund; and
25 $24 for the CDL classification...................$30
26 Commercial driver instruction permit
27 issued to any person holding a valid
28 Illinois CDL for the purpose of
29 making a change in a classification,
30 endorsement or restriction........................$5
31 CDL duplicate or corrected license.....................$5
32 In order to ensure the proper implementation of the
33 Uniform Commercial Driver License Act, Article V of this
34 Chapter, the Secretary of State is empowered to pro-rate the
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1 $24 fee for the commercial driver's license proportionate to
2 the expiration date of the applicant's Illinois driver's
3 license.
4 The fee for any duplicate license or permit shall be
5 waived for any person age 60 or older who presents the
6 Secretary of State's office with a police report showing that
7 his license or permit was stolen.
8 No additional fee shall be charged for a driver's
9 license, or for a commercial driver's license, when issued to
10 the holder of an instruction permit for the same
11 classification or type of license who becomes eligible for
12 such license.
13 (b) Any person whose license or privilege to operate a
14 motor vehicle in this State has been suspended or revoked
15 under any provision of Chapter 6, Chapter 11, or Section
16 7-702 of the Family Financial Responsibility Law of this
17 Code, shall in addition to any other fees required by this
18 Code, pay a reinstatement fee as follows:
19 Summary suspension under Section 11-501.1.............$60
20 Other suspension......................................$30
21 Revocation............................................$60
22 However, any person whose license or privilege to operate
23 a motor vehicle in this State has been suspended or revoked
24 for a second or subsequent time shall, in addition to any
25 other fees required by this Code, pay a reinstatement fee as
26 follows:
27 Summary suspension under Section 11-501.1............$250
28 Other suspension.....................................$100
29 Revocation...........................................$250
30 (c) All fees collected under the provisions of this
31 Chapter 6 shall be paid into the Road Fund in the State
32 Treasury except as follows:
33 1. The following amounts shall be paid into the
34 Driver Education Fund:
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1 (A) $16 of the $20 fee for an original
2 driver's instruction permit;
3 (B) $5 of the $10 fee for an original driver's
4 license;
5 (C) $5 of the $10 fee for a 4 year renewal
6 driver's license; and
7 (D) $4 of the $8 fee for a restricted driving
8 permit.
9 2. One-half of the $30 of the $60 fee for
10 reinstatement of a license summarily suspended under
11 Section 11-501.1 shall be deposited into the Drunk and
12 Drugged Driving Prevention Fund.
13 3. $6 of such original or renewal fee for a
14 commercial driver's license and $6 of the commercial
15 driver instruction permit fee when such permit is issued
16 to any person holding a valid Illinois driver's license,
17 shall be paid into the CDLIS/AAMVAnet Trust Fund.
18 4. The $30 fee for reinstatement of a license
19 suspended under the Family Financial Responsibility Law
20 shall be paid into the Family Responsibility Fund.
21 (Source: P.A. 89-92, eff. 7-1-96.)
22 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
23 Sec. 6-208. Period of Suspension - Application After
24 Revocation.
25 (a) Except as otherwise provided by this Code or any
26 other law of this State, the Secretary of State shall not
27 suspend a driver's license, permit or privilege to drive a
28 motor vehicle on the highways for a period of more than one
29 year.
30 (b) Any person whose license, permit or privilege to
31 drive a motor vehicle on the highways has been revoked shall
32 not be entitled to have such license, permit or privilege
33 renewed or restored. However, such person may, except as
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1 provided under subsection (d) of Section 6-205, make
2 application for a license pursuant to Section 6-106 if the
3 revocation was for a cause which has been removed or:
4 1. Except as provided in subparagraphs 2, and 3,
5 and 4, after the expiration of one year from the
6 effective date of the revocation or, in the case of a
7 violation of paragraph (b) of Section 11-401 of this Code
8 or a similar provision of a local ordinance, after the
9 expiration of 3 years from the effective date of the
10 revocation or, in the case of a violation of Section 9-3
11 of the Criminal Code of 1961 relating to the offense of
12 reckless homicide, after the expiration of 2 years from
13 the effective date of the revocation; or
14 2. If such person is convicted of committing a
15 second violation within a 20 year period of:
16 - Section 11-501 of this Code, or a similar
17 provision of a local ordinance; or
18 - Paragraph (b) of Section 11-401 of this Code,
19 or a similar provision of a local ordinance; or
20 - Section 9-3 of the Criminal Code of 1961, as
21 amended, relating to the offense of reckless
22 homicide; or
23 - any combination of the above offenses
24 committed at different instances;
25 then such person may not make application for a license
26 until after the expiration of 5 years from the effective
27 date of the most recent revocation. The 20 year period
28 shall be computed by using the dates the offenses were
29 committed and shall also include similar out-of-state
30 offenses.
31 3. However, except as provided in subparagraph 4,
32 if such person is convicted of committing a third, or
33 subsequent, violation or any combination of the above
34 offenses, including similar out-of-state offenses,
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1 contained in subparagraph 2, then such person may not
2 make application for a license until after the expiration
3 of 10 years from the effective date of the most recent
4 revocation.
5 4. The person may not make application for a license if
6 the person is convicted of committing a fourth or subsequent
7 violation of Section 11-501 of this Code or a similar
8 provision of a local ordinance or Section 6-303 of this Code,
9 or a combination of the offenses contained in subparagraph 2
10 or similar provisions of local ordinances or similar
11 out-of-state offenses if the original revocation or
12 suspension was for a violation of Section 11-501 of this Code
13 or a similar provision of a local ordinance.
14 Notwithstanding any other provision of this Code, all
15 persons referred to in this paragraph (b) may not have their
16 privileges restored until the Secretary receives payment of
17 the required reinstatement fee pursuant to subsection (b) of
18 Section 6-118.
19 In no event shall the Secretary issue such license unless
20 and until such person has had a hearing pursuant to this Code
21 and the appropriate administrative rules and the Secretary is
22 satisfied, after a review or investigation of such person,
23 that to grant the privilege of driving a motor vehicle on the
24 highways will not endanger the public safety or welfare.
25 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97.)
26 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
27 Sec. 6-208.1. Period of statutory summary alcohol or
28 other drug related suspension.
29 (a) Unless the statutory summary suspension has been
30 rescinded, any person whose privilege to drive a motor
31 vehicle on the public highways has been summarily suspended,
32 pursuant to Section 11-501.1, shall not be eligible for
33 restoration of the privilege until the expiration of:
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1 1. One year Six months from the effective date of
2 the statutory summary suspension for a refusal or failure
3 to complete a test or tests to determine the alcohol or
4 drug concentration, pursuant to Section 11-501.1; or
5 2. Three months from the effective date of the
6 statutory summary suspension imposed following the
7 person's submission to a chemical test which disclosed an
8 alcohol concentration of 0.08 or more, or any amount of a
9 drug, substance or compound in such person's blood or
10 urine resulting from the unlawful use or consumption of
11 cannabis listed in the Cannabis Control Act or a
12 controlled substance listed in the Illinois Controlled
13 Substances Act, pursuant to Section 11-501.1; or
14 3. Three Two years from the effective date of the
15 statutory summary suspension for any person other than a
16 first offender who refuses or fails to complete a test or
17 tests to determine the alcohol or drug concentration
18 pursuant to Section 11-501.1; or
19 4. One year from the effective date of the summary
20 suspension imposed for any person other than a first
21 offender following submission to a chemical test which
22 disclosed an alcohol concentration of 0.08 or more
23 pursuant to Section 11-501.1 or any amount of a drug,
24 substance or compound in such person's blood or urine
25 resulting from the unlawful use or consumption of
26 cannabis listed in the Cannabis Control Act or a
27 controlled substance listed in the Illinois Controlled
28 Substances Act.
29 (b) Following a statutory summary suspension of the
30 privilege to drive a motor vehicle under Section 11-501.1,
31 full driving privileges shall be restored unless the person
32 is otherwise disqualified by this Code. If the court has
33 reason to believe that the person's driving privilege should
34 not be restored, the court shall notify the Secretary of
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1 State prior to the expiration of the statutory summary
2 suspension so appropriate action may be taken pursuant to
3 this Code.
4 (c) Full driving privileges may not be restored until
5 all applicable reinstatement fees, as provided by this Code,
6 have been paid to the Secretary of State and the appropriate
7 entry made to the driver's record.
8 (d) Where a driving privilege has been summarily
9 suspended under Section 11-501.1 and the person is
10 subsequently convicted of violating Section 11-501, or a
11 similar provision of a local ordinance, for the same
12 incident, any period served on statutory summary suspension
13 shall be credited toward the minimum period of revocation of
14 driving privileges imposed pursuant to Section 6-205.
15 (e) Following a statutory summary suspension of driving
16 privileges pursuant to Section 11-501.1, for a first
17 offender, the circuit court may, after at least 30 days from
18 the effective date of the statutory summary suspension, issue
19 a judicial driving permit as provided in Section 6-206.1.
20 (f) Subsequent to an arrest of a first offender, for any
21 offense as defined in Section 11-501 or a similar provision
22 of a local ordinance, following a statutory summary
23 suspension of driving privileges pursuant to Section
24 11-501.1, for a first offender, the circuit court may issue a
25 court order directing the Secretary of State to issue a
26 judicial driving permit as provided in Section 6-206.1.
27 However, this JDP shall not be effective prior to the 31st
28 day of the statutory summary suspension.
29 (g) Following a statutory summary suspension of driving
30 privileges pursuant to Section 11-501.1 where the person was
31 not a first offender, as defined in Section 11-500 and such
32 person refused or failed to complete a test or tests to
33 determine the alcohol or drug concentration pursuant to
34 Section 11-501.1, the Secretary of State shall not issue a
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1 restricted driving permit.
2 (h) Following a statutory summary suspension of driving
3 privileges pursuant to Section 11-501.1 where the person was
4 not a first offender as defined in Section 11-500 and such
5 person submitted to a chemical test which disclosed an
6 alcohol concentration of 0.08 or more pursuant to Section
7 11-501.1, the Secretary of State may, after at least 90 days
8 from the effective date of the statutory summary suspension,
9 issue a restricted driving permit.
10 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
11 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
12 Sec. 6-303. Driving while driver's license, permit or
13 privilege to operate a motor vehicle is suspended or revoked.
14 (a) Any person who drives or is in actual physical
15 control of a motor vehicle on any highway of this State at a
16 time when such person's driver's license, permit or privilege
17 to do so or the privilege to obtain a driver's license or
18 permit is revoked or suspended as provided by this Code or
19 the law of another state, except as may be specifically
20 allowed by a judicial driving permit, family financial
21 responsibility driving permit, probationary license to drive,
22 or a restricted driving permit issued pursuant to this Code
23 or under the law of another state, shall be guilty of a Class
24 A misdemeanor.
25 (b) The Secretary of State upon receiving a report of
26 the conviction of any violation indicating a person was
27 operating a motor vehicle during the time when said person's
28 driver's license, permit or privilege was suspended by the
29 Secretary, by the appropriate authority of another state, or
30 pursuant to Section 11-501.1; except as may be specifically
31 allowed by a probationary license to drive, judicial driving
32 permit or restricted driving permit issued pursuant to this
33 Code or the law of another state; shall extend the suspension
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1 for the same period of time as the originally imposed
2 suspension; however, if the period of suspension has then
3 expired, the Secretary shall be authorized to suspend said
4 person's driving privileges for the same period of time as
5 the originally imposed suspension; and if the conviction was
6 upon a charge which indicated that a vehicle was operated
7 during the time when the person's driver's license, permit or
8 privilege was revoked; except as may be allowed by a
9 restricted driving permit issued pursuant to this Code or the
10 law of another state; the Secretary shall not issue a
11 driver's license for an additional period of one year from
12 the date of such conviction indicating such person was
13 operating a vehicle during such period of revocation.
14 (c) Any person convicted of violating this Section shall
15 serve a minimum term of imprisonment of 7 consecutive days or
16 30 days of community service when the person's driving
17 privilege was revoked or suspended as a result of:
18 (1) a violation of Section 11-501 of this Code or a
19 similar provision of a local ordinance relating to the
20 offense of operating or being in physical control of a
21 vehicle while under the influence of alcohol, any other
22 drug or any combination thereof; or
23 (2) a violation of paragraph (b) of Section 11-401
24 of this Code or a similar provision of a local ordinance
25 relating to the offense of leaving the scene of a motor
26 vehicle accident involving personal injury or death; or
27 (3) a violation of Section 9-3 of the Criminal Code
28 of 1961, as amended, relating to the offense of reckless
29 homicide; or
30 (4) a statutory summary suspension under Section
31 11-501.1 of this Code.
32 Such sentence of imprisonment or community service shall
33 not be subject to suspension in order to reduce such
34 sentence.
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1 (d) Any person committing convicted of a second or
2 subsequent violation of this Section shall be guilty of a
3 Class 4 felony if the original revocation or suspension was
4 for a violation of Section 11-401 or 11-501 of this Code, or
5 a similar out-of-state offense, or a similar provision of a
6 local ordinance, a violation of Section 9-3 of the Criminal
7 Code of 1961, relating to the offense of reckless homicide,
8 or a similar out-of-state offense, or a statutory summary
9 suspension under Section 11-501.1 of this Code.
10 (d-5) Any person committing a third violation of this
11 Section shall be guilty of a Class 3 felony if the original
12 revocation or suspension was for a violation of Section
13 11-401 or 11-501 of this Code, or a similar out-of-state
14 offense, or a similar provision of a local ordinance, a
15 violation of Section 9-3 of the Criminal Code of 1961,
16 relating to the offense of reckless homicide, or a similar
17 out-of-state offense, or a statutory summary suspension under
18 Section 11-501.1 of this Code. Any person committing a
19 fourth or subsequent violation of this Section shall be
20 guilty of a Class 2 felony if the original revocation or
21 suspension was for a violation of Section 11-401 or 11-501 of
22 this Code, or a similar out-of-state offense, or a similar
23 provision of a local ordinance, a violation of Section 9-3 of
24 the Criminal Code of 1961, relating to the offense of
25 reckless homicide, or a similar out-of-state offense, or a
26 statutory summary suspension under Section 11-501.1 of this
27 Code. For any prosecution under this Section, a certified
28 copy of the driving abstract of the defendant shall be
29 admitted as proof of any prior conviction.
30 (e) Any person in violation of this Section who is also
31 in violation of Section 7-601 of this Code relating to
32 mandatory insurance requirements, in addition to other
33 penalties imposed under this Section, shall have his or her
34 motor vehicle immediately impounded by the arresting law
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1 enforcement officer. The motor vehicle may be released to
2 any licensed driver upon a showing of proof of insurance for
3 the vehicle that was impounded and the notarized written
4 consent for the release by the vehicle owner.
5 (f) For any prosecution under this Section, a certified
6 copy of the driving abstract of the defendant shall be
7 admitted as proof of any prior conviction.
8 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
9 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)
10 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
11 Sec. 11-501. Driving while under the influence of
12 alcohol, other drug, or combination of both.
13 (a) A person shall not drive or be in actual physical
14 control of any vehicle within this State while:
15 (1) the alcohol concentration in the person's blood
16 or breath is 0.08 or more based on the definition of
17 blood and breath units in Section 11-501.2;
18 (2) under the influence of alcohol;
19 (3) under the influence of any other drug or
20 combination of drugs to a degree that renders the person
21 incapable of safely driving;
22 (4) under the combined influence of alcohol and any
23 other drug or drugs to a degree that renders the person
24 incapable of safely driving; or
25 (5) there is any amount of a drug, substance, or
26 compound in the person's blood or urine resulting from
27 the unlawful use or consumption of cannabis listed in the
28 Cannabis Control Act, or a controlled substance listed in
29 the Illinois Controlled Substances Act.
30 (b) The fact that any person charged with violating this
31 Section is or has been legally entitled to use alcohol, or
32 other drugs, or any combination of both, shall not
33 constitute a defense against any charge of violating this
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1 Section.
2 (c) Except as provided under paragraphs (c-3) and (d) of
3 this Section, every person convicted of violating this
4 Section or a similar provision of a local ordinance, shall be
5 guilty of a Class A misdemeanor and, in addition to any other
6 criminal or administrative action, for any second conviction
7 of violating this Section or a similar provision of a law of
8 another state or local ordinance committed within 5 years of
9 a previous violation of this Section or a similar provision
10 of a local ordinance shall be mandatorily sentenced to a
11 minimum of 48 consecutive hours of imprisonment or assigned
12 to a minimum of 100 hours of community service as may be
13 determined by the court. Every person convicted of violating
14 this Section or a similar provision of a local ordinance
15 shall be subject to a mandatory minimum fine of $500 and a
16 mandatory 5 days of community service in a program benefiting
17 children if the person committed a violation of paragraph (a)
18 or a similar provision of a local ordinance while
19 transporting a person under age 16. Every person convicted a
20 second time for violating this Section or a similar provision
21 of a local ordinance within 5 years of a previous violation
22 of this Section or a similar provision of a law of another
23 state or local ordinance shall be subject to a mandatory
24 minimum fine of $500 and 10 days of mandatory community
25 service in a program benefiting children if the current
26 offense was committed while transporting a person under age
27 16. The imprisonment or assignment under this subsection
28 shall not be subject to suspension nor shall the person be
29 eligible for probation in order to reduce the sentence or
30 assignment.
31 (c-1) A person who violates this Section during a period
32 in which his or her driving privileges are revoked or
33 suspended, where the revocation or suspension was for a
34 violation of this Section or Section 11-501.1 shall, unless
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1 sentenced to a term of imprisonment in the penitentiary, in
2 addition to any other criminal or administrative action, be
3 sentenced to a minimum term of 30 consecutive days of
4 imprisonment, 40 days of 24 hour periodic imprisonment or 720
5 hours of community service, as may be determined by the
6 court. This mandatory minimum term of imprisonment or
7 assignment of community service shall not be suspended and
8 shall not be subject to reduction by the court.
9 (c-2) (Blank).
10 (c-3) Every person convicted of violating this Section
11 or a similar provision of a local ordinance who had a child
12 under age 16 in the vehicle at the time of the offense shall
13 have his or her punishment under this Act enhanced by 2 days
14 of imprisonment for a first offense, 10 days of imprisonment
15 for a second offense, 30 days of imprisonment for a third
16 offense, and 90 days of imprisonment for a fourth or
17 subsequent offense, in addition to the fine and community
18 service required under subsection (c) and the possible
19 imprisonment required under subsection (d). The imprisonment
20 or assignment under this subsection shall not be subject to
21 suspension nor shall the person be eligible for probation in
22 order to reduce the sentence or assignment.
23 (d) (1) Every person convicted of committing a violation
24 of this Section shall be guilty of aggravated driving under
25 the influence of alcohol or drugs or a combination of both
26 if:
27 (A) the person committed a violation of this
28 Section, or a similar provision of a law of another state
29 or a local ordinance when the cause of action is the same
30 as or substantially similar to this Section, for the
31 third or subsequent time;
32 (B) the person committed a violation of paragraph
33 (a) while driving a school bus with children on board;
34 (C) the person in committing a violation of
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1 paragraph (a) was involved in a motor vehicle accident
2 that resulted in great bodily harm or permanent
3 disability or disfigurement to another, when the
4 violation was a proximate cause of the injuries; or
5 (D) the person committed a violation of paragraph
6 (a) for a second time and has been previously convicted
7 of violating Section 9-3 of the Criminal Code of 1961
8 relating to reckless homicide in which the person was
9 determined to have been under the influence of alcohol or
10 any other drug or drugs as an element of the offense or
11 the person has previously been convicted under
12 subparagraph (C) of this paragraph (1); or
13 (E) the person committed a violation of this
14 Section or a similar provision of a local ordinance when
15 the cause of action is the same as or substantially
16 similar to this Section and the alcohol concentration in
17 the person's blood or breath is 0.20 or more based on the
18 definition of blood and breath units in Section 11-501.2.
19 (2) Aggravated driving under the influence of alcohol or
20 drugs or a combination of both is a Class 4 felony for which
21 a person, if sentenced to a term of imprisonment, shall be
22 sentenced to not less than one year and not more than 3 years
23 for a violation of subparagraph (A), (B) or (D) of paragraph
24 (1) of this subsection (d) and not less than one year and not
25 more than 12 years for a violation of subparagraphs
26 subparagraph (C) or (E) of paragraph (1) of this subsection
27 (d). For any prosecution under this subsection (d), a
28 certified copy of the driving abstract of the defendant shall
29 be admitted as proof of any prior conviction.
30 (e) After a finding of guilt and prior to any final
31 sentencing, or an order for supervision, for an offense based
32 upon an arrest for a violation of this Section or a similar
33 provision of a local ordinance, individuals shall be required
34 to undergo a professional evaluation to determine if an
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1 alcohol or other drug abuse problem exists and the extent of
2 the problem. Programs conducting these evaluations shall be
3 licensed by the Department of Human Services. The cost of
4 any professional evaluation shall be paid for by the
5 individual required to undergo the professional evaluation.
6 (f) Every person found guilty of violating this Section,
7 whose operation of a motor vehicle while in violation of this
8 Section proximately caused any incident resulting in an
9 appropriate emergency response, shall be liable for the
10 expense of an emergency response as provided under Section
11 5-5-3 of the Unified Code of Corrections.
12 (g) The Secretary of State shall revoke the driving
13 privileges of any person convicted under this Section or a
14 similar provision of a local ordinance.
15 (h) Every person sentenced under subsection (d) of this
16 Section and who receives a term of probation or conditional
17 discharge shall be required to serve a minimum term of either
18 30 days community service or, beginning July 1, 1993, 48
19 consecutive hours of imprisonment as a condition of the
20 probation or conditional discharge. This mandatory minimum
21 term of imprisonment or assignment of community service shall
22 not be suspended and shall not be subject to reduction by the
23 court.
24 (i) The Secretary of State shall establish a pilot
25 program to test the effectiveness of ignition interlock
26 device requirements upon individuals who have been arrested
27 for a second or subsequent offense of this Section. The
28 Secretary shall establish by rule and regulation the
29 population and procedures for use of the interlock system.
30 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
31 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
32 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
33 10-24-97.)
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1 Section 10. The Criminal Code of 1961 is amended by
2 changing Section 36-1 as follows:
3 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
4 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
5 used with the knowledge and consent of the owner in the
6 commission of, or in the attempt to commit as defined in
7 Section 8-4 of this Code, an offense prohibited by (a)
8 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
9 11-20.1, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2,
10 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or
11 paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d)
12 of Section 12-16 of this Code; (b) Section 21, 22, 23, 24 or
13 26 of the Cigarette Tax Act if the vessel, vehicle or
14 aircraft contains more than 10 cartons of such cigarettes;
15 (c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the
16 vessel, vehicle or aircraft contains more than 10 cartons of
17 such cigarettes; (d) Section 44 of the Environmental
18 Protection Act; or (e) 11-204.1 of the Illinois Vehicle Code;
19 or (f) the offenses described in the following provisions of
20 the Illinois Vehicle Code: Section 6-303 subsection (d-5), or
21 Section 11-501 subdivisions (d)(1)(D) or (d)(1)(E); may be
22 seized and delivered forthwith to the sheriff of the county
23 of seizure.
24 Within 15 days after such delivery the sheriff shall give
25 notice of seizure to each person according to the following
26 method: Upon each such person whose right, title or interest
27 is of record in the office of the Secretary of State, the
28 Secretary of Transportation, the Administrator of the Federal
29 Aviation Agency, or any other Department of this State, or
30 any other state of the United States if such vessel, vehicle
31 or aircraft is required to be so registered, as the case may
32 be, by mailing a copy of the notice by certified mail to the
33 address as given upon the records of the Secretary of State,
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1 the Department of Aeronautics, Department of Public Works and
2 Buildings or any other Department of this State or the United
3 States if such vessel, vehicle or aircraft is required to be
4 so registered. Within that 15 day period the sheriff shall
5 also notify the State's Attorney of the county of seizure
6 about the seizure.
7 In addition, any mobile or portable equipment used in the
8 commission of an act which is in violation of Section 7g of
9 the Metropolitan Water Reclamation District Act shall be
10 subject to seizure and forfeiture under the same procedures
11 provided in this Article for the seizure and forfeiture of
12 vessels, vehicles and aircraft, and any such equipment shall
13 be deemed a vessel, vehicle or aircraft for purposes of this
14 Article.
15 When a person discharges a firearm at another individual
16 from a vehicle with the knowledge and consent of the owner of
17 the vehicle and with the intent to cause death or great
18 bodily harm to that individual and as a result causes death
19 or great bodily harm to that individual, the vehicle shall be
20 subject to seizure and forfeiture under the same procedures
21 provided in this Article for the seizure and forfeiture of
22 vehicles used in violations of clauses (a), (b), (c), or (d)
23 of this Section.
24 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
25 revised 10-15-97.)