State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB1730

 
                                               LRB9211356DHmg

 1        AN ACT in relation to vehicles.

 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
 
                            -2-                LRB9211356DHmg
 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 10  consecutive  days
13    or  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        (c-1)  Except  as  provided in subsection (d), any person
33    convicted of a second violation  of  this  Section  shall  be
34    ordered  by  the  court  to  serve  a minimum of 100 hours of
 
                            -3-                LRB9211356DHmg
 1    community service.
 2        (c-2)  In addition to other penalties imposed under  this
 3    Section,  the  court  may  impose  on  any person convicted a
 4    fourth time of violating this Section any of the following:
 5             (1)  Seizure of the license plates of  the  person's
 6        vehicle.
 7             (2)  Immobilization  of  the  person's vehicle for a
 8        period of time to be determined by the court.
 9        (d)  Any person convicted of a second violation  of  this
10    Section shall be guilty of a Class 4 felony and shall serve a
11    minimum  term  of  imprisonment  of  30  days or 300 hours of
12    community  service,  as  determined  by  the  court,  if  the
13    revocation or suspension  was  for  a  violation  of  Section
14    11-401  or  11-501  of  this  Code, or a similar out-of-state
15    offense, or a similar  provision  of  a  local  ordinance,  a
16    violation  of  Section  9-3  of  the  Criminal  Code of 1961,
17    relating to the offense of reckless homicide,  or  a  similar
18    out-of-state offense, or a statutory summary suspension under
19    Section 11-501.1 of this Code.
20        (d-1)  Except   as   provided  in  subsection  (d-2)  and
21    subsection  (d-3),  any  person  convicted  of  a  third   or
22    subsequent  violation  of  this Section shall serve a minimum
23    term of imprisonment of 30 days or  300  hours  of  community
24    service, as determined by the court.
25        (d-2)  Any  person convicted of a third violation of this
26    Section is guilty of a  Class  4  felony  and  must  serve  a
27    minimum  term of imprisonment of 30 days if the revocation or
28    suspension was for a violation of Section 11-401 or 11-501 of
29    this Code, or a similar out-of-state offense,  or  a  similar
30    provision of a local ordinance, a violation of Section 9-3 of
31    the  Criminal  Code  of  1961,  relating  to  the  offense of
32    reckless homicide, or a similar out-of-state  offense,  or  a
33    statutory  summary  suspension under Section 11-501.1 of this
34    Code.
 
                            -4-                LRB9211356DHmg
 1        (d-3)  Any person convicted of  a  fourth  or  subsequent
 2    violation  of  this Section is guilty of a Class 4 felony and
 3    must serve a minimum term of imprisonment of 180 days if  the
 4    revocation  or  suspension  was  for  a  violation of Section
 5    11-401 or 11-501 of this  Code,  or  a  similar  out-of-state
 6    offense,  or  a  similar  provision  of  a local ordinance, a
 7    violation of Section  9-3  of  the  Criminal  Code  of  1961,
 8    relating  to  the  offense of reckless homicide, or a similar
 9    out-of-state offense, or a statutory summary suspension under
10    Section 11-501.1 of this Code.
11        (e)  Any person in violation of this Section who is  also
12    in  violation  of  Section  7-601  of  this  Code relating to
13    mandatory  insurance  requirements,  in  addition  to   other
14    penalties  imposed  under this Section, shall have his or her
15    motor vehicle immediately  impounded  by  the  arresting  law
16    enforcement officer. The motor vehicle may be released to any
17    licensed  driver upon a showing of proof of insurance for the
18    vehicle that was impounded and the notarized written  consent
19    for the release by the vehicle owner.
20        (f)  For  any prosecution under this Section, a certified
21    copy of the  driving  abstract  of  the  defendant  shall  be
22    admitted as proof of any prior conviction.
23    (Source: P.A. 91-692, eff. 4-13-00; 92-340, eff. 8-10-01.)

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