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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 thesuchperson'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which indicated that a vehicle was operated 4 during the time when the person's driver's license, permit or 5 privilege was revoked; except as may be allowed by a 6 restricted driving permit issued pursuant to this Code or the 7 law of another state; the Secretary shall not issue a 8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.)