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Public Act 095-0991 |
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AN ACT concerning criminal law.
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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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(Text of Section before amendment by P.A. 95-400 ) | ||||
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) 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, 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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(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, relating to the offense of reckless | ||
homicide 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.
| ||
(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. | ||
(b-3) When the Secretary of State receives a report of a | ||
conviction of any violation indicating 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.
| ||
(b-4) (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.
| ||
(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, as amended,
| ||
relating to the offense of reckless homicide, or a similar | ||
provision of a law of another state.
| ||
(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 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 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-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 the
revocation or
suspension was for 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.
| ||
(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 original
| ||
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, or a
statutory summary | ||
suspension under Section 11-501.1 of this Code.
| ||
(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 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, or a
statutory summary suspension under | ||
Section 11-501.1 of this Code.
| ||
(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 the revocation or
suspension was for 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.
| ||
(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, or a statutory
summary suspension under Section | ||
11-501.1 of this Code.
| ||
(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 the revocation or suspension was for 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.
| ||
(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, 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, 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; 95-578, rely on 95-27 and | ||
95-377, eff. 1-1-08; revised 11-19-07.)
| ||
(Text of Section after amendment by P.A. 95-400 ) | ||
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 the effective date of | ||
this amendatory Act of the 95th General Assembly , 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-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, relating to the offense of reckless | ||
homicide 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.
| ||
(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 issued | ||
prior to January 1, 2009 the effective date of this amendatory | ||
Act of the 95th General Assembly , monitoring device 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. | ||
(b-3) When the Secretary of State receives a report of a | ||
conviction of any violation indicating 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.
| ||
(b-4) (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.
| ||
(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, as amended,
| ||
relating to the offense of reckless homicide, or a similar | ||
provision of a law of another state.
| ||
(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 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 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 the
revocation or
suspension was for 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.
| ||
(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 original
| ||
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, or a
statutory summary | ||
suspension under Section 11-501.1 of this Code.
| ||
(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 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, or a
statutory summary suspension under | ||
Section 11-501.1 of this Code.
| ||
(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 the revocation or
suspension was for 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.
| ||
(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, or a statutory
summary suspension under Section | ||
11-501.1 of this Code.
| ||
(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 the revocation or suspension was for 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.
| ||
(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, 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, 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; 95-578, rely on 95-27 and | ||
95-377, eff. 1-1-08; 95-400, eff. 1-1-09; revised 11-19-07.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. |