|
||||
Public Act 095-0027 |
||||
| ||||
| ||||
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 | ||||
Sections 6-206.2 and 6-303 as follows:
| ||||
(625 ILCS 5/6-206.2)
| ||||
Sec. 6-206.2. Violations relating to an ignition interlock | ||||
device.
| ||||
(a) It is unlawful for any person whose driving privilege | ||||
is restricted
by being prohibited from operating a motor | ||||
vehicle not equipped with an
ignition interlock device to | ||||
operate a motor vehicle not equipped with an ignition interlock | ||||
device. | ||||
(a-5) It is unlawful for any person whose driving privilege | ||||
is restricted by being prohibited from operating a motor | ||||
vehicle not equipped with an ignition interlock device to
| ||||
request or solicit any other person to blow into
an ignition | ||||
interlock device or to start a motor vehicle equipped with the
| ||||
device for the purpose of providing the person so restricted | ||||
with an operable
motor vehicle.
| ||||
(b) It is unlawful to blow into an ignition interlock | ||||
device or to start
a motor vehicle equipped with the device for | ||||
the purpose of providing an
operable motor vehicle to a person |
whose driving privilege is restricted
by being prohibited from | ||
operating a motor vehicle not equipped with an
ignition | ||
interlock device.
| ||
(c) It is unlawful to tamper with, or circumvent the | ||
operation of, an
ignition interlock device.
| ||
(d) Except as provided in subsection (c)(17) of Section | ||
5-6-3.1 of the
Unified Code of Corrections or by rule, no | ||
person shall knowingly rent, lease,
or lend a motor vehicle to | ||
a person known to have his or her driving privilege
restricted | ||
by being prohibited from operating a vehicle not equipped with | ||
an
ignition interlock device, unless the vehicle is equipped | ||
with a functioning
ignition interlock device. Any person whose | ||
driving privilege is so restricted
shall notify any person | ||
intending to rent, lease, or loan a motor vehicle to
the | ||
restricted person of the driving restriction imposed upon him | ||
or her.
| ||
(d-5) A person convicted of a violation of this Section is | ||
guilty of a Class A misdemeanor
subsection shall be punished by
| ||
imprisonment for not more than 6 months or by a fine of not | ||
more than $5,000,
or both .
| ||
(e) (Blank).
If a person prohibited under paragraph (2) or | ||
paragraph (3) of
subsection (c-4) of Section 11-501
from | ||
driving any vehicle not equipped with an ignition interlock | ||
device
nevertheless is convicted of driving a vehicle that is | ||
not equipped with the
device,
that person is prohibited from | ||
driving any vehicle not equipped with an
ignition interlock |
device for an additional period of time equal to the initial
| ||
time period that the person was required to use an ignition | ||
interlock device.
| ||
(Source: P.A. 91-127, eff. 1-1-00; 92-418, eff. 8-17-01.)
| ||
(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 | ||
(b-3) When the Secretary of State receives a report of a
| ||
conviction of any violation indicating
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 to that person 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-5) 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.
| ||
(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 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. 94-112, eff. 1-1-06.)
|