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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-303 as follows:
 
6    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
7    Sec. 6-303. Driving while driver's license, permit or
8privilege to operate a motor vehicle is suspended or revoked.
9    (a) Except as otherwise provided in subsection (a-5) or
10(a-7), any person who drives or is in actual physical control
11of a motor vehicle on any highway of this State at a time when
12such person's driver's license, permit or privilege to do so or
13the privilege to obtain a driver's license or permit is revoked
14or suspended as provided by this Code or the law of another
15state, except as may be specifically allowed by a judicial
16driving permit issued prior to January 1, 2009, monitoring
17device driving permit, family financial responsibility driving
18permit, probationary license to drive, or a restricted driving
19permit issued pursuant to this Code or under the law of another
20state, shall be guilty of a Class A misdemeanor.
21    (a-3) A second or subsequent violation of subsection (a) of
22this Section is a Class 4 felony if committed by a person whose
23driving or operation of a motor vehicle is the proximate cause

 

 

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1of a motor vehicle accident that causes personal injury or
2death to another. For purposes of this subsection, a personal
3injury includes any Type A injury as indicated on the traffic
4accident report completed by a law enforcement officer that
5requires immediate professional attention in either a doctor's
6office or a medical facility. A Type A injury includes severe
7bleeding wounds, distorted extremities, and injuries that
8require the injured party to be carried from the scene.
9    (a-5) Any person who violates this Section as provided in
10subsection (a) while his or her driver's license, permit or
11privilege is revoked because of a violation of Section 9-3 of
12the Criminal Code of 1961 or the Criminal Code of 2012,
13relating to the offense of reckless homicide or a similar
14provision of a law of another state, is guilty of a Class 4
15felony. The person shall be required to undergo a professional
16evaluation, as provided in Section 11-501 of this Code, to
17determine if an alcohol, drug, or intoxicating compound problem
18exists and the extent of the problem, and to undergo the
19imposition of treatment as appropriate.
20    (a-7) Any person who violates this Section as provided in
21subsection (a) while his or her driver's license or privilege
22to drive is suspended under Section 6-306.5 or 7-702 of this
23Code shall receive a Uniform Traffic Citation from the law
24enforcement officer. A person who receives 3 or more Uniform
25Traffic Citations under this subsection (a-7) without paying
26any fees associated with the citations shall be guilty of a

 

 

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1Class A misdemeanor.
2    (a-10) A person's driver's license, permit, or privilege to
3obtain a driver's license or permit may be subject to multiple
4revocations, multiple suspensions, or any combination of both
5simultaneously. No revocation or suspension shall serve to
6negate, invalidate, cancel, postpone, or in any way lessen the
7effect of any other revocation or suspension entered prior or
8subsequent to any other revocation or suspension.
9    (b) (Blank).
10    (b-1) Except for a person under subsection (a-7) of this
11Section, upon Upon receiving a report of the conviction of any
12violation indicating a person was operating a motor vehicle
13during the time when the person's driver's license, permit or
14privilege was suspended by the Secretary of State or the
15driver's licensing administrator of another state, except as
16specifically allowed by a probationary license, judicial
17driving permit, restricted driving permit or monitoring device
18driving permit the Secretary shall extend the suspension for
19the same period of time as the originally imposed suspension
20unless the suspension has already expired, in which case the
21Secretary shall be authorized to suspend the person's driving
22privileges for the same period of time as the originally
23imposed suspension.
24    (b-2) Except as provided in subsection (b-6) or (a-7), upon
25receiving a report of the conviction of any violation
26indicating a person was operating a motor vehicle when the

 

 

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1person's driver's license, permit or privilege was revoked by
2the Secretary of State or the driver's license administrator of
3any other state, except as specifically allowed by a restricted
4driving permit issued pursuant to this Code or the law of
5another state, the Secretary shall not issue a driver's license
6for an additional period of one year from the date of such
7conviction indicating such person was operating a vehicle
8during such period of revocation.
9    (b-3) (Blank).
10    (b-4) When the Secretary of State receives a report of a
11conviction of any violation indicating a person was operating a
12motor vehicle that was not equipped with an ignition interlock
13device during a time when the person was prohibited from
14operating a motor vehicle not equipped with such a device, the
15Secretary shall not issue a driver's license to that person for
16an additional period of one year from the date of the
17conviction.
18    (b-5) Any person convicted of violating this Section shall
19serve a minimum term of imprisonment of 30 consecutive days or
20300 hours of community service when the person's driving
21privilege was revoked or suspended as a result of a violation
22of Section 9-3 of the Criminal Code of 1961 or the Criminal
23Code of 2012, relating to the offense of reckless homicide, or
24a similar provision of a law of another state.
25    (b-6) Upon receiving a report of a first conviction of
26operating a motor vehicle while the person's driver's license,

 

 

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1permit or privilege was revoked where the revocation was for a
2violation of Section 9-3 of the Criminal Code of 1961 or the
3Criminal Code of 2012 relating to the offense of reckless
4homicide or a similar out-of-state offense, the Secretary shall
5not issue a driver's license for an additional period of three
6years from the date of such conviction.
7    (c) Except as provided in subsections (c-3)and (c-4), any
8person convicted of violating this Section shall serve a
9minimum term of imprisonment of 10 consecutive days or 30 days
10of community service when the person's driving privilege was
11revoked or suspended as a result of:
12        (1) a violation of Section 11-501 of this Code or a
13    similar provision of a local ordinance relating to the
14    offense of operating or being in physical control of a
15    vehicle while under the influence of alcohol, any other
16    drug or any combination thereof; or
17        (2) a violation of paragraph (b) of Section 11-401 of
18    this Code or a similar provision of a local ordinance
19    relating to the offense of leaving the scene of a motor
20    vehicle accident involving personal injury or death; or
21        (3) a statutory summary suspension or revocation under
22    Section 11-501.1 of this Code.
23    Such sentence of imprisonment or community service shall
24not be subject to suspension in order to reduce such sentence.
25    (c-1) Except as provided in subsections (a-7), (c-5), and
26(d), any person convicted of a second violation of this Section

 

 

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1shall be ordered by the court to serve a minimum of 100 hours
2of community service.
3    (c-2) In addition to other penalties imposed under this
4Section, the court may impose on any person convicted a fourth
5time of violating this Section any of the following:
6        (1) Seizure of the license plates of the person's
7    vehicle.
8        (2) Immobilization of the person's vehicle for a period
9    of time to be determined by the court.
10    (c-3) Any person convicted of a violation of this Section
11during a period of summary suspension imposed pursuant to
12Section 11-501.1 when the person was eligible for a MDDP shall
13be guilty of a Class 4 felony and shall serve a minimum term of
14imprisonment of 30 days.
15    (c-4) Any person who has been issued a MDDP or a restricted
16driving permit which requires the person to operate only motor
17vehicles equipped with an ignition interlock device and who is
18convicted of a violation of this Section as a result of
19operating or being in actual physical control of a motor
20vehicle not equipped with an ignition interlock device at the
21time of the offense shall be guilty of a Class 4 felony and
22shall serve a minimum term of imprisonment of 30 days.
23    (c-5) Any person convicted of a second violation of this
24Section is guilty of a Class 2 felony, is not eligible for
25probation or conditional discharge, and shall serve a mandatory
26term of imprisonment, if:

 

 

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1         (1) the current violation occurred when the person's
2    driver's license was suspended or revoked for a violation
3    of Section 9-3 of the Criminal Code of 1961 or the Criminal
4    Code of 2012, relating to the offense of reckless homicide,
5    or a similar out-of-state offense; and
6        (2) the prior conviction under this Section occurred
7    while the person's driver's license was suspended or
8    revoked for a violation of Section 9-3 of the Criminal Code
9    of 1961 or the Criminal Code of 2012 relating to the
10    offense of reckless homicide, or a similar out-of-state
11    offense, or was suspended or revoked for a violation of
12    Section 11-401 or 11-501 of this Code, a similar
13    out-of-state offense, a similar provision of a local
14    ordinance, or a statutory summary suspension or revocation
15    under Section 11-501.1 of this Code.
16    (d) Any person convicted of a second violation of this
17Section shall be guilty of a Class 4 felony and shall serve a
18minimum term of imprisonment of 30 days or 300 hours of
19community service, as determined by the court, if:
20        (1) the current violation occurred when the person's
21    driver's license was suspended or revoked for a violation
22    of Section 11-401 or 11-501 of this Code, a similar
23    out-of-state offense, a similar provision of a local
24    ordinance, or a statutory summary suspension or revocation
25    under Section 11-501.1 of this Code; and
26        (2) the prior conviction under this Section occurred

 

 

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1    while the person's driver's license was suspended or
2    revoked for a violation of Section 11-401 or 11-501 of this
3    Code, a similar out-of-state offense, a similar provision
4    of a local ordinance, or a statutory summary suspension or
5    revocation under Section 11-501.1 of this Code, or for a
6    violation of Section 9-3 of the Criminal Code of 1961 or
7    the Criminal Code of 2012, relating to the offense of
8    reckless homicide, or a similar out-of-state offense.
9    (d-1) Except as provided in subsections (a-7), (d-2),
10(d-2.5), and (d-3), any person convicted of a third or
11subsequent violation of this Section shall serve a minimum term
12of imprisonment of 30 days or 300 hours of community service,
13as determined by the court.
14    (d-2) Any person convicted of a third violation of this
15Section is guilty of a Class 4 felony and must serve a minimum
16term of imprisonment of 30 days, if:
17        (1) the current violation occurred when the person's
18    driver's license was suspended or revoked for a violation
19    of Section 11-401 or 11-501 of this Code, or a similar
20    out-of-state offense, or a similar provision of a local
21    ordinance, or a statutory summary suspension or revocation
22    under Section 11-501.1 of this Code; and
23        (2) the prior convictions under this Section occurred
24    while the person's driver's license was suspended or
25    revoked for a violation of Section 11-401 or 11-501 of this
26    Code, a similar out-of-state offense, a similar provision

 

 

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1    of a local ordinance, or a statutory summary suspension or
2    revocation under Section 11-501.1 of this Code, or for a
3    violation of Section 9-3 of the Criminal Code of 1961 or
4    the Criminal Code of 2012, relating to the offense of
5    reckless homicide, or a similar out-of-state offense.
6    (d-2.5) Any person convicted of a third violation of this
7Section is guilty of a Class 1 felony, is not eligible for
8probation or conditional discharge, and must serve a mandatory
9term of imprisonment, if:
10        (1) the current violation occurred while the person's
11    driver's license was suspended or revoked for a violation
12    of Section 9-3 of the Criminal Code of 1961 or the Criminal
13    Code of 2012, relating to the offense of reckless homicide,
14    or a similar out-of-state offense. The person's driving
15    privileges shall be revoked for the remainder of the
16    person's life; and
17        (2) the prior convictions under this Section occurred
18    while the person's driver's license was suspended or
19    revoked for a violation of Section 9-3 of the Criminal Code
20    of 1961 or the Criminal Code of 2012, relating to the
21    offense of reckless homicide, or a similar out-of-state
22    offense, or was suspended or revoked for a violation of
23    Section 11-401 or 11-501 of this Code, a similar
24    out-of-state offense, a similar provision of a local
25    ordinance, or a statutory summary suspension or revocation
26    under Section 11-501.1 of this Code.

 

 

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1    (d-3) Any person convicted of a fourth, fifth, sixth,
2seventh, eighth, or ninth violation of this Section is guilty
3of a Class 4 felony and must serve a minimum term of
4imprisonment of 180 days, if:
5        (1) the current violation occurred when the person's
6    driver's license was suspended or revoked for a violation
7    of Section 11-401 or 11-501 of this Code, a similar
8    out-of-state offense, a similar provision of a local
9    ordinance, or a statutory summary suspension or revocation
10    under Section 11-501.1 of this Code; and
11        (2) the prior convictions under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 11-401 or 11-501 of this
14    Code, a similar out-of-state offense, a similar provision
15    of a local ordinance, or a statutory summary suspension or
16    revocation under Section 11-501.1 of this Code, or for a
17    violation of Section 9-3 of the Criminal Code of 1961 or
18    the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar out-of-state offense.
20    (d-3.5) Any person convicted of a fourth or subsequent
21violation of this Section is guilty of a Class 1 felony, is not
22eligible for probation or conditional discharge, and must serve
23a mandatory term of imprisonment, and is eligible for an
24extended term, if:
25        (1) the current violation occurred when the person's
26    driver's license was suspended or revoked for a violation

 

 

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1    of Section 9-3 of the Criminal Code of 1961 or the Criminal
2    Code of 2012, relating to the offense of reckless homicide,
3    or a similar out-of-state offense; and
4        (2) the prior convictions under this Section occurred
5    while the person's driver's license was suspended or
6    revoked for a violation of Section 9-3 of the Criminal Code
7    of 1961 or the Criminal Code of 2012, relating to the
8    offense of reckless homicide, or a similar out-of-state
9    offense, or was suspended or revoked for a violation of
10    Section 11-401 or 11-501 of this Code, a similar
11    out-of-state offense, a similar provision of a local
12    ordinance, or a statutory summary suspension or revocation
13    under Section 11-501.1 of this Code.
14    (d-4) Any person convicted of a tenth, eleventh, twelfth,
15thirteenth, or fourteenth violation of this Section is guilty
16of a Class 3 felony, and is not eligible for probation or
17conditional discharge, if:
18        (1) the current violation occurred when the person's
19    driver's license was suspended or revoked for a violation
20    of Section 11-401 or 11-501 of this Code, or a similar
21    out-of-state offense, or a similar provision of a local
22    ordinance, or a statutory summary suspension or revocation
23    under Section 11-501.1 of this Code; and
24        (2) the prior convictions under this Section occurred
25    while the person's driver's license was suspended or
26    revoked for a violation of Section 11-401 or 11-501 of this

 

 

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1    Code, a similar out-of-state offense, a similar provision
2    of a local ordinance, or a statutory suspension or
3    revocation under Section 11-501.1 of this Code, or for a
4    violation of Section 9-3 of the Criminal Code of 1961 or
5    the Criminal Code of 2012, relating to the offense of
6    reckless homicide, or a similar out-of-state offense.
7    (d-5) Any person convicted of a fifteenth or subsequent
8violation of this Section is guilty of a Class 2 felony, and is
9not eligible for probation or conditional discharge, if:
10        (1) the current violation occurred when the person's
11    driver's license was suspended or revoked for a violation
12    of Section 11-401 or 11-501 of this Code, or a similar
13    out-of-state offense, or a similar provision of a local
14    ordinance, or a statutory summary suspension or revocation
15    under Section 11-501.1 of this Code; and
16        (2) the prior convictions under this Section occurred
17    while the person's driver's license was suspended or
18    revoked for a violation of Section 11-401 or 11-501 of this
19    Code, a similar out-of-state offense, a similar provision
20    of a local ordinance, or a statutory summary suspension or
21    revocation under Section 11-501.1 of this Code, or for a
22    violation of Section 9-3 of the Criminal Code of 1961 or
23    the Criminal Code of 2012, relating to the offense of
24    reckless homicide, or a similar out-of-state offense.
25    (e) Any person in violation of this Section who is also in
26violation of Section 7-601 of this Code relating to mandatory

 

 

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1insurance requirements, in addition to other penalties imposed
2under this Section, shall have his or her motor vehicle
3immediately impounded by the arresting law enforcement
4officer. The motor vehicle may be released to any licensed
5driver upon a showing of proof of insurance for the vehicle
6that was impounded and the notarized written consent for the
7release by the vehicle owner.
8    (f) For any prosecution under this Section, a certified
9copy of the driving abstract of the defendant shall be admitted
10as proof of any prior conviction.
11    (g) The motor vehicle used in a violation of this Section
12is subject to seizure and forfeiture as provided in Sections
1336-1 and 36-2 of the Criminal Code of 2012 if the person's
14driving privilege was revoked or suspended as a result of:
15        (1) a violation of Section 11-501 of this Code, a
16    similar provision of a local ordinance, or a similar
17    provision of a law of another state;
18        (2) a violation of paragraph (b) of Section 11-401 of
19    this Code, a similar provision of a local ordinance, or a
20    similar provision of a law of another state;
21        (3) a statutory summary suspension or revocation under
22    Section 11-501.1 of this Code or a similar provision of a
23    law of another state; or
24        (4) a violation of Section 9-3 of the Criminal Code of
25    1961 or the Criminal Code of 2012 relating to the offense
26    of reckless homicide, or a similar provision of a law of

 

 

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1    another state.
2(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
398-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.
41-1-16.)