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Public Act 094-0112
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| HB0888 Enrolled |
LRB094 05938 DRH 35993 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 6-303 as follows:
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(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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Sec. 6-303. Driving while driver's license, permit or |
privilege to
operate a motor vehicle is suspended or revoked.
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(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.
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(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
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suspension; and if the conviction was upon a charge which |
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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.
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(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:
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(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
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(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
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(3) a violation of Section 9-3 of the Criminal Code of |
1961, as amended,
relating to the offense of reckless |
homicide; or
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(4) a statutory summary suspension under Section |
11-501.1 of this
Code.
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Such sentence of imprisonment or community service shall |
not be subject
to suspension in order to reduce such sentence.
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(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.
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(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:
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(1) Seizure of the license plates of the person's |
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vehicle.
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(2) Immobilization of the person's vehicle for a period |
of time
to be determined by the court.
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(d) Any person convicted of a second violation of this
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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
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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
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statutory summary suspension under Section 11-501.1 of this |
Code.
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(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
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court.
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(d-2) Any person convicted of a third violation of this
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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,
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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.
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(d-3) Any person convicted of a fourth, fifth, sixth, |
seventh, eighth, or ninth
or subsequent violation of this
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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 |
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homicide, or a similar out-of-state offense, or a statutory
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summary suspension under Section 11-501.1 of this Code.
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(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.
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(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.
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(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.
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(g) The motor vehicle used in a violation of this Section |
is subject
to seizure and forfeiture as provided in Sections |