Illinois General Assembly - Full Text of Public Act 100-0149

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Public Act 100-0149

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Public Act 0149 100TH GENERAL ASSEMBLY

Public Act 100-0149

HB3084 Enrolled LRB100 08442 RLC 18560 b

    AN ACT concerning criminal law.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-303 as follows:

    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
    Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
    (a) Except as otherwise provided in subsection (a-5), any
person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device
driving permit, family financial responsibility driving
permit, probationary license to drive, or a restricted driving
permit issued pursuant to this Code or under the law of another
state, shall be guilty of a Class A misdemeanor.
    (a-3) A second or subsequent violation of subsection (a) of
this Section is a Class 4 felony if committed by a person whose
driving or operation of a motor vehicle is the proximate cause
of a motor vehicle accident that causes personal injury or
death to another. For purposes of this subsection, a personal
injury includes any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
    (a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of this Code, relating to the offense of aggravated
driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
when the violation was a proximate cause of a death, or a
similar provision of a law of another state, is guilty of a
Class 4 felony. The person shall be required to undergo a
professional evaluation, as provided in Section 11-501 of this
Code, to determine if an alcohol, drug, or intoxicating
compound problem exists and the extent of the problem, and to
undergo the imposition of treatment as appropriate.
    (a-10) A person's driver's license, permit, or privilege to
obtain a driver's license or permit may be subject to multiple
revocations, multiple suspensions, or any combination of both
simultaneously. No revocation or suspension shall serve to
negate, invalidate, cancel, postpone, or in any way lessen the
effect of any other revocation or suspension entered prior or
subsequent to any other revocation or suspension.
    (b) (Blank).
    (b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
    (b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
    (b-3) (Blank).
    (b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
    (b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide,or
a violation of subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause of
a death,or a similar provision of a law of another state.
    (b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph (1)
of subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof when the violation was a
proximate cause of a death, or a similar out-of-state offense,
the Secretary shall not issue a driver's license for an
additional period of three years from the date of such
conviction.
    (c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
        (1) a violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, any other
    drug or any combination thereof; or
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code or a similar provision of a local ordinance
    relating to the offense of leaving the scene of a motor
    vehicle accident involving personal injury or death; or
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code.
    Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
    (c-1) Except as provided in subsections (c-5) and (d), any
person convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service.
    (c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
        (1) Seizure of the license plates of the person's
    vehicle.
        (2) Immobilization of the person's vehicle for a period
    of time to be determined by the court.
    (c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall
be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
    (c-4) Any person who has been issued a MDDP or a restricted
driving permit which requires the person to operate only motor
vehicles equipped with an ignition interlock device and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
    (c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if:
         (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless homicide,
    or a violation of subparagraph (F) of paragraph (1) of
    subsection (d) of Section 11-501 of this Code, relating to
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof when the violation
    was a proximate cause of a death, or a similar out-of-state
    offense; and
        (2) the prior conviction under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012 relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or was
    suspended or revoked for a violation of Section 11-401 or
    11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior conviction under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (d-1) Except as provided in subsections (d-2), (d-2.5), and
(d-3), any person convicted of a third or subsequent violation
of this Section shall serve a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court.
    (d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
        (1) the current violation occurred while the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless homicide,
    or a violation of subparagraph (F) of paragraph (1) of
    subsection (d) of Section 11-501 of this Code, relating to
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof when the violation
    was a proximate cause of a death, or a similar out-of-state
    offense. The person's driving privileges shall be revoked
    for the remainder of the person's life; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or was
    suspended or revoked for a violation of Section 11-401 or
    11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 9-3 of the Criminal Code of 1961 or the Criminal
    Code of 2012, relating to the offense of reckless homicide,
    or a violation of subparagraph (F) of paragraph (1) of
    subsection (d) of Section 11-501 of this Code, relating to
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof when the violation
    was a proximate cause of a death, or a similar out-of-state
    offense; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a violation of
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of this Code, relating to the offense of
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof when the violation was a proximate
    cause of a death, or a similar out-of-state offense, or was
    suspended or revoked for a violation of Section 11-401 or
    11-501 of this Code, a similar out-of-state offense, a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code.
    (d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar out-of-state offense.
    (d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked for a violation
    of Section 11-401 or 11-501 of this Code, or a similar
    out-of-state offense, or a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death,or a similar out-of-state offense.
    (e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
    (f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
    (g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
        (1) a violation of Section 11-501 of this Code, a
    similar provision of a local ordinance, or a similar
    provision of a law of another state;
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code, a similar provision of a local ordinance, or a
    similar provision of a law of another state;
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code or a similar provision of a
    law of another state; or
        (4) a violation of Section 9-3 of the Criminal Code of
    1961 or the Criminal Code of 2012 relating to the offense
    of reckless homicide, or a violation of subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code, relating to the offense of aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof when the violation was a proximate cause of a
    death, or a similar provision of a law of another state.
(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.
1-1-16.)

    Section 10. The Criminal Code of 2012 is amended by
changing Section 3-5 as follows:

    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
    Sec. 3-5. General limitations.
    (a) A prosecution for: (1) first degree murder, attempt to
commit first degree murder, second degree murder, involuntary
manslaughter, reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code for the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause of
a death, leaving the scene of a motor vehicle accident
involving death or personal injuries under Section 11-401 of
the Illinois Vehicle Code, failing to give information and
render aid under Section 11-403 of the Illinois Vehicle Code,
concealment of homicidal death, treason, arson, residential
arson, aggravated arson, forgery, child pornography under
paragraph (1) of subsection (a) of Section 11-20.1, aggravated
child pornography under paragraph (1) of subsection (a) of
Section 11-20.1B, or (2) any offense involving sexual conduct
or sexual penetration, as defined by Section 11-0.1 of this
Code in which the DNA profile of the offender is obtained and
entered into a DNA database within 10 years after the
commission of the offense, may be commenced at any time. Clause
(2) of this subsection (a) applies if either: (i) the victim
reported the offense to law enforcement authorities within 3
years after the commission of the offense unless a longer
period for reporting the offense to law enforcement authorities
is provided in Section 3-6 or (ii) the victim is murdered
during the course of the offense or within 2 years after the
commission of the offense.
    (a-5) A prosecution for theft of property exceeding
$100,000 in value under Section 16-1, identity theft under
subsection (a) of Section 16-30, aggravated identity theft
under subsection (b) of Section 16-30, financial exploitation
of an elderly person or a person with a disability under
Section 17-56; or any offense set forth in Article 16H or
Section 17-10.6 may be commenced within 7 years of the last act
committed in furtherance of the crime.
    (b) Unless the statute describing the offense provides
otherwise, or the period of limitation is extended by Section
3-6, a prosecution for any offense not designated in subsection
(a) or (a-5) must be commenced within 3 years after the
commission of the offense if it is a felony, or within one year
and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 98-265, eff. 1-1-14; 99-820, eff. 8-15-16.)

Effective Date: 1/1/2018

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