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Public Act 92-0688
SB1730 Enrolled LRB9211356DHmg
AN ACT in relation to vehicles.
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privilege was revoked; except as may be allowed by a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 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.
(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.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 36-1 as follows:
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
used with the knowledge and consent of the owner in the
commission of, or in the attempt to commit as defined in
Section 8-4 of this Code, an offense prohibited by (a)
Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.6, 12-7.3,
12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6, 24-1.2, 24-1.2-5, 24-1.5, or 28-1 of this Code,
paragraph (a) of Section 12-4 of this Code, paragraph (a) of
Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16
of this Code, or paragraph (a)(6) or (a)(7) of Section 24-1
of this Code; (b) Section 21, 22, 23, 24 or 26 of the
Cigarette Tax Act if the vessel, vehicle or aircraft contains
more than 10 cartons of such cigarettes; (c) Section 28, 29
or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons of such cigarettes;
(d) Section 44 of the Environmental Protection Act; (e)
11-204.1 of the Illinois Vehicle Code; or (f) the offenses
described in the following provisions of the Illinois Vehicle
Code: Section 11-501 subdivisions (c-1)(1), (c-1)(2),
(c-1)(3), (d)(1)(A), or (d)(1)(D); or (g) an offense
described in subsection (g) of Section 6-303 of the Illinois
Vehicle Code; may be seized and delivered forthwith to the
sheriff of the county of seizure.
Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest
is of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or
any other state of the United States if such vessel, vehicle
or aircraft is required to be so registered, as the case may
be, by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be
so registered. Within that 15 day period the sheriff shall
also notify the State's Attorney of the county of seizure
about the seizure.
In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of
the Metropolitan Water Reclamation District Act shall be
subject to seizure and forfeiture under the same procedures
provided in this Article for the seizure and forfeiture of
vessels, vehicles and aircraft, and any such equipment shall
be deemed a vessel, vehicle or aircraft for purposes of this
Article.
When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great
bodily harm to that individual and as a result causes death
or great bodily harm to that individual, the vehicle shall be
subject to seizure and forfeiture under the same procedures
provided in this Article for the seizure and forfeiture of
vehicles used in violations of clauses (a), (b), (c), or (d)
of this Section.
If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (c-1)(1),
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
of the Illinois Vehicle Code, or Section 9-3 of this Code
makes a showing that the seized vehicle is the only source of
transportation and it is determined that the financial
hardship to the family as a result of the seizure outweighs
the benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or family member
who is properly licensed and who requires the use of the
vehicle for employment or family transportation purposes. A
written declaration of forfeiture of a vehicle under this
Section shall be sufficient cause for the title to be
transferred to the spouse or family member. The provisions
of this paragraph shall apply only to one forfeiture per
vehicle. If the vehicle is the subject of a subsequent
forfeiture proceeding by virtue of a subsequent conviction of
either spouse or the family member, the spouse or family
member to whom the vehicle was forfeited under the first
forfeiture proceeding may not utilize the provisions of this
paragraph in another forfeiture proceeding. If the owner of
the vehicle seized owns more than one vehicle, the procedure
set out in this paragraph may be used for only one vehicle.
Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 91-876, eff. 1-1-01; 92-57, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 30, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
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