Illinois General Assembly - Full Text of Public Act 094-0112
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Public Act 094-0112


 

Public Act 0112 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0112
 
HB0888 Enrolled LRB094 05938 DRH 35993 b

    AN ACT concerning transportation.
 
    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) 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, 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.
    (b) The Secretary of State upon receiving a report of the
conviction of any violation indicating a person was operating a
motor vehicle during the time when said person's driver's
license, permit or privilege was suspended by the Secretary, by
the appropriate authority of another state, or pursuant to
Section 11-501.1; except as may be specifically allowed by a
probationary license to drive, judicial driving permit or
restricted driving permit issued pursuant to this Code or the
law of another state; shall extend the suspension for the same
period of time as the originally imposed suspension; however,
if the period of suspension has then expired, the Secretary
shall be authorized to suspend said person's driving privileges
for the same period of time as the originally imposed
suspension; and if the conviction was upon a charge which
indicated that a vehicle was operated during the time when the
person's driver's license, permit or privilege was revoked;
except as may be 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.
    (c) 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 violation of Section 9-3 of the Criminal Code of
    1961, as amended, relating to the offense of reckless
    homicide; or
        (4) a statutory summary suspension 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 subsection (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.
    (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 the
revocation or suspension was 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, a violation of Section
9-3 of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar out-of-state offense, or a
statutory summary suspension under Section 11-501.1 of this
Code.
    (d-1) Except as provided in subsection (d-2) and subsection
(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 the revocation or suspension
was 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, a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless homicide, or
a similar out-of-state offense, or a statutory summary
suspension under Section 11-501.1 of this Code.
    (d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth or subsequent violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 180 days if the revocation or
suspension was 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, a violation of Section 9-3 of
the Criminal Code of 1961, relating to the offense of reckless
homicide, or a similar out-of-state offense, or a statutory
summary suspension 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 the revocation or suspension was 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, a violation of Section 9-3 of the Criminal Code of
1961, relating to the offense of reckless homicide, or a
similar out-of-state offense, or a statutory summary
suspension under Section 11-501.1 of this Code.
    (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 the
revocation or suspension was 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, a violation of Section
9-3 of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar out-of-state offense, or a
statutory summary suspension under Section 11-501.1 of this
Code.
    (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 1961 if the person's
driving privilege was revoked or suspended as a result of a
violation listed in paragraph (1), (2), or (3) of subsection
(c) of this Section or as a result of a summary suspension as
provided in paragraph (4) of subsection (c) of this Section.
(Source: P.A. 91-692, eff. 4-13-00; 92-340, eff. 8-10-01;
92-688, eff. 7-16-02.)

Effective Date: 1/1/2006