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91_HB1239
LRB9103990KSgc
1 AN ACT to amend the Illinois Vehicle Code.
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
5 changing 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) Any person who drives or is in actual physical
10 control of a motor vehicle on any highway of this State at a
11 time when the such person's driver's license, permit or
12 privilege to do so or the privilege to obtain a driver's
13 license or permit is revoked or suspended as provided by this
14 Code or the law of another state, except as may be
15 specifically allowed by a judicial driving permit, family
16 financial responsibility driving permit, probationary license
17 to drive, or a restricted driving permit issued pursuant to
18 this Code or under the law of another state, shall be guilty
19 of a Class A misdemeanor.
20 (b) The Secretary of State upon receiving a report of
21 the conviction of any violation indicating a person was
22 operating a motor vehicle during the time when said person's
23 driver's license, permit or privilege was suspended by the
24 Secretary, by the appropriate authority of another state, or
25 pursuant to Section 11-501.1; except as may be specifically
26 allowed by a probationary license to drive, judicial driving
27 permit or restricted driving permit issued pursuant to this
28 Code or the law of another state; shall extend the suspension
29 for the same period of time as the originally imposed
30 suspension; however, if the period of suspension has then
31 expired, the Secretary shall be authorized to suspend said
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1 person's driving privileges for the same period of time as
2 the originally imposed suspension; and if the conviction was
3 upon a charge which indicated that a vehicle was operated
4 during the time when the person's driver's license, permit or
5 privilege was revoked; except as may be allowed by a
6 restricted driving permit issued pursuant to this Code or the
7 law of another state; the Secretary shall not issue a
8 driver's license for an additional period of one year from
9 the date of such conviction indicating such person was
10 operating a vehicle during such period of revocation.
11 (c) Any person convicted of violating this Section shall
12 serve a minimum term of imprisonment of 7 consecutive days or
13 30 days of community service when the person's driving
14 privilege was revoked or suspended as a result of:
15 (1) a violation of Section 11-501 of this Code or a
16 similar provision of a local ordinance relating to the
17 offense of operating or being in physical control of a
18 vehicle while under the influence of alcohol, any other
19 drug or any combination thereof; or
20 (2) a violation of paragraph (b) of Section 11-401
21 of this Code or a similar provision of a local ordinance
22 relating to the offense of leaving the scene of a motor
23 vehicle accident involving personal injury or death; or
24 (3) a violation of Section 9-3 of the Criminal Code
25 of 1961, as amended, relating to the offense of reckless
26 homicide; or
27 (4) a statutory summary suspension under Section
28 11-501.1 of this Code.
29 Such sentence of imprisonment or community service shall
30 not be subject to suspension in order to reduce such
31 sentence.
32 (d) Any person convicted of a second or subsequent
33 violation of this Section shall be guilty of a Class 4 felony
34 if the original revocation or suspension was for a violation
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1 of Section 11-401 or 11-501 of this Code, or a similar
2 out-of-state offense, or a similar provision of a local
3 ordinance, a violation of Section 9-3 of the Criminal Code of
4 1961, relating to the offense of reckless homicide, or a
5 similar out-of-state offense, or a statutory summary
6 suspension under Section 11-501.1 of this Code.
7 (e) Any person in violation of this Section who is also
8 in violation of Section 7-601 of this Code relating to
9 mandatory insurance requirements, in addition to other
10 penalties imposed under this Section, shall have his or her
11 motor vehicle immediately impounded by the arresting law
12 enforcement officer. The motor vehicle may be released to
13 any licensed driver upon a showing of proof of insurance for
14 the vehicle that was impounded and the notarized written
15 consent for the release by the vehicle owner.
16 (f) For any prosecution under this Section, a certified
17 copy of the driving abstract of the defendant shall be
18 admitted as proof of any prior conviction.
19 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
20 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
21 90-738, eff. 1-1-99.)