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91_SB1250
LRB9108018RCdv
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-303.
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 Section 6-303 as follows:
7 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
8 Sec. 6-303. Driving while driver's license, permit or
9 privilege to operate a motor vehicle is suspended or revoked.
10 (a) Any person who drives or is in actual physical
11 control of a motor vehicle on any highway of this State at a
12 time when such person's driver's license, permit or privilege
13 to do so or the privilege to obtain a driver's license or
14 permit is revoked or suspended as provided by this Code or
15 the law of another state, except as may be specifically
16 allowed by a judicial driving permit, family financial
17 responsibility driving permit, probationary license to drive,
18 or a restricted driving permit issued pursuant to this Code
19 or under the law of another state, shall be guilty of a Class
20 A misdemeanor.
21 (b) The Secretary of State upon receiving a report of
22 the conviction of any violation indicating a person was
23 operating a motor vehicle during the time when said person's
24 driver's license, permit or privilege was suspended by the
25 Secretary, by the appropriate authority of another state, or
26 pursuant to Section 11-501.1; except as may be specifically
27 allowed by a probationary license to drive, judicial driving
28 permit or restricted driving permit issued pursuant to this
29 Code or the law of another state; shall extend the suspension
30 for the same period of time as the originally imposed
31 suspension; however, if the period of suspension has then
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1 expired, the Secretary shall be authorized to suspend said
2 person's driving privileges for the same period of time as
3 the originally imposed suspension; and if the conviction was
4 upon a charge which indicated that a vehicle was operated
5 during the time when the person's driver's license, permit or
6 privilege was revoked; except as may be allowed by a
7 restricted driving permit issued pursuant to this Code or the
8 law of another state; the Secretary shall not issue a
9 driver's license for an additional period of one year from
10 the date of such conviction indicating such person was
11 operating a vehicle during such period of revocation.
12 (c) Any person convicted of violating this Section shall
13 serve a minimum term of imprisonment of 7 consecutive days or
14 30 days of community service when the person's driving
15 privilege was revoked or suspended as a result of:
16 (1) a violation of Section 11-501 of this Code or a
17 similar provision of a local ordinance relating to the
18 offense of operating or being in physical control of a
19 vehicle while under the influence of alcohol, any other
20 drug or any combination thereof; or
21 (2) a violation of paragraph (b) of Section 11-401
22 of this Code or a similar provision of a local ordinance
23 relating to the offense of leaving the scene of a motor
24 vehicle accident involving personal injury or death; or
25 (3) a violation of Section 9-3 of the Criminal Code
26 of 1961, as amended, relating to the offense of reckless
27 homicide; or
28 (4) a statutory summary suspension under Section
29 11-501.1 of this Code.
30 Such sentence of imprisonment or community service shall
31 not be subject to suspension in order to reduce such
32 sentence.
33 (d) Any person convicted of a second or subsequent
34 violation of this Section is shall be guilty of a Class 4
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1 felony if the original revocation or suspension was for a
2 violation of Section 11-401 or 11-501 of this Code, or a
3 similar out-of-state offense, or a similar provision of a
4 local ordinance, or a violation of Section 9-3 of the
5 Criminal Code of 1961, relating to the offense of reckless
6 homicide, or a similar out-of-state offense, or a statutory
7 summary suspension under Section 11-501.1 of this Code.
8 (d-1) Any person convicted of a second violation of this
9 Section is guilty of a Class 4 felony if the original
10 revocation or suspension was for a violation of Section
11 11-501 of this Code, or a similar out-of-state offense, or a
12 similar provision of a local ordinance, or a statutory
13 summary suspension under Section 11-501.1 of this Code.
14 (d-2) Any person convicted of a third violation of this
15 Section is guilty of a Class 3 felony if the original
16 revocation or suspension was for a violation of Section
17 11-501 of this Code, or a similar out-of-state offense, or a
18 similar provision of a local ordinance, or a statutory
19 summary suspension under Section 11-501.1 of this Code.
20 (d-3) Any person convicted of a fourth or subsequent
21 violation of this Section is guilty of a Class 2 felony if
22 the original revocation or suspension was for a violation of
23 Section 11-501 of this Code, or a similar out-of-state
24 offense, or a similar provision of a local ordinance, or a
25 statutory summary suspension under Section 11-501.1 of this
26 Code.
27 (e) Any person in violation of this Section who is also
28 in violation of Section 7-601 of this Code relating to
29 mandatory insurance requirements, in addition to other
30 penalties imposed under this Section, shall have his or her
31 motor vehicle immediately impounded by the arresting law
32 enforcement officer. The motor vehicle may be released to
33 any licensed driver upon a showing of proof of insurance for
34 the vehicle that was impounded and the notarized written
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1 consent for the release by the vehicle owner.
2 (f) For any prosecution under this Section, a certified
3 copy of the driving abstract of the defendant shall be
4 admitted as proof of any prior conviction.
5 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
6 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
7 90-738, eff. 1-1-99.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.