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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB1730eng SB1730 Engrossed 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 such person's driver's license, permit or privilege 12 to do so or the privilege to obtain a driver's license or 13 permit is revoked or suspended as provided by this Code or 14 the law of another state, except as may be specifically 15 allowed by a judicial driving permit, family financial 16 responsibility driving permit, probationary license to drive, 17 or a restricted driving permit issued pursuant to this Code 18 or under the law of another state, shall be guilty of a Class 19 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 SB1730 Engrossed -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which indicated that a vehicle was operated 4 during the time when the person's driver's license, permit or 5 privilege was revoked; except as may be allowed by a 6 restricted driving permit issued pursuant to this Code or the 7 law of another state; the Secretary shall not issue a 8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 SB1730 Engrossed -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. SB1730 Engrossed -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 (g) The motor vehicle used in a violation of this 24 Section is subject to seizure and forfeiture as provided in 25 Sections 36-1 and 36-2 of the Criminal Code of 1961 if the 26 person's driving privilege was revoked or suspended as a 27 result of a violation listed in paragraph (1), (2), or (3) of 28 subsection (c) of this Section or as a result of a summary 29 suspension as provided in paragraph (4) of subsection (c) of 30 this Section. 31 (Source: P.A. 91-692, eff. 4-13-00; 92-340, eff. 8-10-01.) 32 Section 10. The Criminal Code of 1961 is amended by 33 changing Section 36-1 as follows: SB1730 Engrossed -5- LRB9211356DHmg 1 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) 2 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft 3 used with the knowledge and consent of the owner in the 4 commission of, or in the attempt to commit as defined in 5 Section 8-4 of this Code, an offense prohibited by (a) 6 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 7 11-20.1, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 8 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2, 9 20.5-6, 24-1.2, 24-1.2-5, 24-1.5, or 28-1 of this Code, 10 paragraph (a) of Section 12-4 of this Code, paragraph (a) of 11 Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16 12 of this Code, or paragraph (a)(6) or (a)(7) of Section 24-1 13 of this Code; (b) Section 21, 22, 23, 24 or 26 of the 14 Cigarette Tax Act if the vessel, vehicle or aircraft contains 15 more than 10 cartons of such cigarettes; (c) Section 28, 29 16 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or 17 aircraft contains more than 10 cartons of such cigarettes; 18 (d) Section 44 of the Environmental Protection Act; (e) 19 11-204.1 of the Illinois Vehicle Code;or(f) the offenses 20 described in the following provisions of the Illinois Vehicle 21 Code: Section 11-501 subdivisions (c-1)(1), (c-1)(2), 22 (c-1)(3), (d)(1)(A), or (d)(1)(D); or (g) an offense 23 described in subsection (g) of Section 6-303 of the Illinois 24 Vehicle Code; may be seized and delivered forthwith to the 25 sheriff of the county of seizure. 26 Within 15 days after such delivery the sheriff shall give 27 notice of seizure to each person according to the following 28 method: Upon each such person whose right, title or interest 29 is of record in the office of the Secretary of State, the 30 Secretary of Transportation, the Administrator of the Federal 31 Aviation Agency, or any other Department of this State, or 32 any other state of the United States if such vessel, vehicle 33 or aircraft is required to be so registered, as the case may 34 be, by mailing a copy of the notice by certified mail to the SB1730 Engrossed -6- LRB9211356DHmg 1 address as given upon the records of the Secretary of State, 2 the Department of Aeronautics, Department of Public Works and 3 Buildings or any other Department of this State or the United 4 States if such vessel, vehicle or aircraft is required to be 5 so registered. Within that 15 day period the sheriff shall 6 also notify the State's Attorney of the county of seizure 7 about the seizure. 8 In addition, any mobile or portable equipment used in the 9 commission of an act which is in violation of Section 7g of 10 the Metropolitan Water Reclamation District Act shall be 11 subject to seizure and forfeiture under the same procedures 12 provided in this Article for the seizure and forfeiture of 13 vessels, vehicles and aircraft, and any such equipment shall 14 be deemed a vessel, vehicle or aircraft for purposes of this 15 Article. 16 When a person discharges a firearm at another individual 17 from a vehicle with the knowledge and consent of the owner of 18 the vehicle and with the intent to cause death or great 19 bodily harm to that individual and as a result causes death 20 or great bodily harm to that individual, the vehicle shall be 21 subject to seizure and forfeiture under the same procedures 22 provided in this Article for the seizure and forfeiture of 23 vehicles used in violations of clauses (a), (b), (c), or (d) 24 of this Section. 25 If the spouse of the owner of a vehicle seized for an 26 offense described in subsection (g) of Section 6-303 of the 27 Illinois Vehicle Code, a violation of subdivision (c-1)(1), 28 (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501 29 of the Illinois Vehicle Code, or Section 9-3 of this Code 30 makes a showing that the seized vehicle is the only source of 31 transportation and it is determined that the financial 32 hardship to the family as a result of the seizure outweighs 33 the benefit to the State from the seizure, the vehicle may be 34 forfeited to the spouse or family member and the title to the SB1730 Engrossed -7- LRB9211356DHmg 1 vehicle shall be transferred to the spouse or family member 2 who is properly licensed and who requires the use of the 3 vehicle for employment or family transportation purposes. A 4 written declaration of forfeiture of a vehicle under this 5 Section shall be sufficient cause for the title to be 6 transferred to the spouse or family member. The provisions 7 of this paragraph shall apply only to one forfeiture per 8 vehicle. If the vehicle is the subject of a subsequent 9 forfeiture proceeding by virtue of a subsequent conviction of 10 either spouse or the family member, the spouse or family 11 member to whom the vehicle was forfeited under the first 12 forfeiture proceeding may not utilize the provisions of this 13 paragraph in another forfeiture proceeding. If the owner of 14 the vehicle seized owns more than one vehicle, the procedure 15 set out in this paragraph may be used for only one vehicle. 16 Property declared contraband under Section 40 of the 17 Illinois Streetgang Terrorism Omnibus Prevention Act may be 18 seized and forfeited under this Article. 19 (Source: P.A. 91-876, eff. 1-1-01; 92-57, eff. 1-1-02.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.