97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2798

 

Introduced 2/18/2011, by Rep. Tom Cross - Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-303  from Ch. 95 1/2, par. 6-303

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning persons driving while their license is suspended.


LRB097 09511 HEP 49648 b

 

 

A BILL FOR

 

HB2798LRB097 09511 HEP 49648 b

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    (Text of Section before amendment by P.A. 96-1344)
8    Sec. 6-303. Driving while driver's license, permit or
9privilege to operate a motor vehicle is suspended or revoked.
10    (a) Except as otherwise provided in subsection (a-5), any
11person who drives or is in actual physical control of a motor
12vehicle on any highway of this State at a time when such
13person's driver's license, permit or privilege to do so or the
14the privilege to obtain a driver's license or permit is revoked
15or suspended as provided by this Code or the law of another
16state, except as may be specifically allowed by a judicial
17driving permit issued prior to January 1, 2009, monitoring
18device driving permit, family financial responsibility driving
19permit, probationary license to drive, or a restricted driving
20permit issued pursuant to this Code or under the law of another
21state, shall be guilty of a Class A misdemeanor.
22    (a-5) Any person who violates this Section as provided in
23subsection (a) while his or her driver's license, permit or

 

 

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1privilege is revoked because of a violation of Section 9-3 of
2the Criminal Code of 1961, relating to the offense of reckless
3homicide or a similar provision of a law of another state, is
4guilty of a Class 4 felony. The person shall be required to
5undergo a professional evaluation, as provided in Section
611-501 of this Code, to determine if an alcohol, drug, or
7intoxicating compound problem exists and the extent of the
8problem, and to undergo the imposition of treatment as
9appropriate.
10    (b) (Blank).
11    (b-1) 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), 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, as amended,
23relating to the offense of reckless homicide, or a similar
24provision 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 relating
3to the offense of reckless homicide or a similar out-of-state
4offense, the Secretary shall not issue a driver's license for
5an additional period of three years from the date of such
6conviction.
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 under Section
22    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 (c-5) and (d), any
26person convicted of a second violation of this Section shall be

 

 

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1ordered by the court to serve a minimum of 100 hours of
2community 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 and who is
16convicted of a violation of this Section as a result of
17operating or being in actual physical control of a motor
18vehicle not equipped with an ignition interlock device at the
19time of the offense shall be guilty of a Class 4 felony and
20shall serve a minimum term of imprisonment of 30 days.
21    (c-5) Any person convicted of a second violation of this
22Section is guilty of a Class 2 felony, is not eligible for
23probation or conditional discharge, and shall serve a mandatory
24term of imprisonment, if the revocation or suspension was for a
25violation of Section 9-3 of the Criminal Code of 1961, relating
26to the offense of reckless homicide, or a similar out-of-state

 

 

HB2798- 6 -LRB097 09511 HEP 49648 b

1offense.
2    (d) Any person convicted of a second violation of this
3Section shall be guilty of a Class 4 felony and shall serve a
4minimum term of imprisonment of 30 days or 300 hours of
5community service, as determined by the court, if the original
6revocation or suspension was for a violation of Section 11-401
7or 11-501 of this Code, or a similar out-of-state offense, or a
8similar provision of a local ordinance, or a statutory summary
9suspension under Section 11-501.1 of this Code.
10    (d-1) Except as provided in subsections (d-2), (d-2.5), and
11(d-3), any person convicted of a third or subsequent violation
12of this Section shall serve a minimum term of imprisonment of
1330 days or 300 hours of community service, as determined by the
14court.
15    (d-2) Any person convicted of a third violation of this
16Section is guilty of a Class 4 felony and must serve a minimum
17term of imprisonment of 30 days if the revocation or suspension
18was for a violation of Section 11-401 or 11-501 of this Code,
19or a similar out-of-state offense, or a similar provision of a
20local ordinance, or a statutory summary suspension under
21Section 11-501.1 of this Code.
22    (d-2.5) Any person convicted of a third violation of this
23Section is guilty of a Class 1 felony, is not eligible for
24probation or conditional discharge, and must serve a mandatory
25term of imprisonment if the revocation or suspension was for a
26violation of Section 9-3 of the Criminal Code of 1961, relating

 

 

HB2798- 7 -LRB097 09511 HEP 49648 b

1to the offense of reckless homicide, or a similar out-of-state
2offense. The person's driving privileges shall be revoked for
3the remainder of the person's life.
4    (d-3) Any person convicted of a fourth, fifth, sixth,
5seventh, eighth, or ninth violation of this Section is guilty
6of a Class 4 felony and must serve a minimum term of
7imprisonment of 180 days if the revocation or suspension was
8for a violation of Section 11-401 or 11-501 of this Code, or a
9similar out-of-state offense, or a similar provision of a local
10ordinance, or a statutory summary suspension under Section
1111-501.1 of this Code.
12    (d-3.5) Any person convicted of a fourth or subsequent
13violation of this Section is guilty of a Class 1 felony, is not
14eligible for probation or conditional discharge, and must serve
15a mandatory term of imprisonment, and is eligible for an
16extended term, if the revocation or suspension was for a
17violation of Section 9-3 of the Criminal Code of 1961, relating
18to the offense of reckless homicide, or a similar out-of-state
19offense.
20    (d-4) Any person convicted of a tenth, eleventh, twelfth,
21thirteenth, or fourteenth violation of this Section is guilty
22of a Class 3 felony, and is not eligible for probation or
23conditional discharge, if the revocation or suspension was for
24a violation of Section 11-401 or 11-501 of this Code, or a
25similar out-of-state offense, or a similar provision of a local
26ordinance, or a statutory summary suspension under Section

 

 

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111-501.1 of this Code.
2    (d-5) Any person convicted of a fifteenth or subsequent
3violation of this Section is guilty of a Class 2 felony, and is
4not eligible for probation or conditional discharge, if the
5revocation or suspension was for a violation of Section 11-401
6or 11-501 of this Code, or a similar out-of-state offense, or a
7similar provision of a local ordinance, or a statutory summary
8suspension under Section 11-501.1 of this Code.
9    (e) Any person in violation of this Section who is also in
10violation of Section 7-601 of this Code relating to mandatory
11insurance requirements, in addition to other penalties imposed
12under this Section, shall have his or her motor vehicle
13immediately impounded by the arresting law enforcement
14officer. The motor vehicle may be released to any licensed
15driver upon a showing of proof of insurance for the vehicle
16that was impounded and the notarized written consent for the
17release by the vehicle owner.
18    (f) For any prosecution under this Section, a certified
19copy of the driving abstract of the defendant shall be admitted
20as proof of any prior conviction.
21    (g) The motor vehicle used in a violation of this Section
22is subject to seizure and forfeiture as provided in Sections
2336-1 and 36-2 of the Criminal Code of 1961 if the person's
24driving privilege was revoked or suspended as a result of a
25violation listed in paragraph (1) or (2) of subsection (c) of
26this Section, as a result of a summary suspension as provided

 

 

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1in paragraph (3) of subsection (c) of this Section, or as a
2result of a violation of Section 9-3 of the Criminal Code of
31961 relating to the offense of reckless homicide.
4(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
5eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
6eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
796-1000, eff. 7-2-10.)
 
8    (Text of Section after amendment by P.A. 96-1344)
9    Sec. 6-303. Driving while driver's license, permit or
10privilege to operate a motor vehicle is suspended or revoked.
11    (a) Except as otherwise provided in subsection (a-5), any
12person who drives or is in actual physical control of a motor
13vehicle on any highway of this State at a time when such
14person's driver's license, permit or privilege to do so or the
15the privilege to obtain a driver's license or permit is revoked
16or suspended as provided by this Code or the law of another
17state, except as may be specifically allowed by a judicial
18driving permit issued prior to January 1, 2009, monitoring
19device driving permit, family financial responsibility driving
20permit, probationary license to drive, or a restricted driving
21permit issued pursuant to this Code or under the law of another
22state, shall be guilty of a Class A misdemeanor.
23    (a-5) Any person who violates this Section as provided in
24subsection (a) while his or her driver's license, permit or
25privilege is revoked because of a violation of Section 9-3 of

 

 

HB2798- 10 -LRB097 09511 HEP 49648 b

1the Criminal Code of 1961, relating to the offense of reckless
2homicide or a similar provision of a law of another state, is
3guilty of a Class 4 felony. The person shall be required to
4undergo a professional evaluation, as provided in Section
511-501 of this Code, to determine if an alcohol, drug, or
6intoxicating compound problem exists and the extent of the
7problem, and to undergo the imposition of treatment as
8appropriate.
9    (b) (Blank).
10    (b-1) Upon receiving a report of the conviction of any
11violation indicating a person was operating a motor vehicle
12during the time when the person's driver's license, permit or
13privilege was suspended by the Secretary of State or the
14driver's licensing administrator of another state, except as
15specifically allowed by a probationary license, judicial
16driving permit, restricted driving permit or monitoring device
17driving permit the Secretary shall extend the suspension for
18the same period of time as the originally imposed suspension
19unless the suspension has already expired, in which case the
20Secretary shall be authorized to suspend the person's driving
21privileges for the same period of time as the originally
22imposed suspension.
23    (b-2) Except as provided in subsection (b-6), upon
24receiving a report of the conviction of any violation
25indicating a person was operating a motor vehicle when the
26person's driver's license, permit or privilege was revoked by

 

 

HB2798- 11 -LRB097 09511 HEP 49648 b

1the Secretary of State or the driver's license administrator of
2any other state, except as specifically allowed by a restricted
3driving permit issued pursuant to this Code or the law of
4another state, the Secretary shall not issue a driver's license
5for an additional period of one year from the date of such
6conviction indicating such person was operating a vehicle
7during such period of revocation.
8    (b-3) (Blank).
9    (b-4) When the Secretary of State receives a report of a
10conviction of any violation indicating a person was operating a
11motor vehicle that was not equipped with an ignition interlock
12device during a time when the person was prohibited from
13operating a motor vehicle not equipped with such a device, the
14Secretary shall not issue a driver's license to that person for
15an additional period of one year from the date of the
16conviction.
17    (b-5) Any person convicted of violating this Section shall
18serve a minimum term of imprisonment of 30 consecutive days or
19300 hours of community service when the person's driving
20privilege was revoked or suspended as a result of a violation
21of Section 9-3 of the Criminal Code of 1961, as amended,
22relating to the offense of reckless homicide, or a similar
23provision of a law of another state.
24    (b-6) Upon receiving a report of a first conviction of
25operating a motor vehicle while the person's driver's license,
26permit or privilege was revoked where the revocation was for a

 

 

HB2798- 12 -LRB097 09511 HEP 49648 b

1violation of Section 9-3 of the Criminal Code of 1961 relating
2to the offense of reckless homicide or a similar out-of-state
3offense, the Secretary shall not issue a driver's license for
4an additional period of three years from the date of such
5conviction.
6    (c) Except as provided in subsections (c-3) and (c-4), any
7person convicted of violating this Section shall serve a
8minimum term of imprisonment of 10 consecutive days or 30 days
9of community service when the person's driving privilege was
10revoked or suspended as a result of:
11        (1) a violation of Section 11-501 of this Code or a
12    similar provision of a local ordinance relating to the
13    offense of operating or being in physical control of a
14    vehicle while under the influence of alcohol, any other
15    drug or any combination thereof; or
16        (2) a violation of paragraph (b) of Section 11-401 of
17    this Code or a similar provision of a local ordinance
18    relating to the offense of leaving the scene of a motor
19    vehicle accident involving personal injury or death; or
20        (3) a statutory summary suspension or revocation under
21    Section 11-501.1 of this Code.
22    Such sentence of imprisonment or community service shall
23not be subject to suspension in order to reduce such sentence.
24    (c-1) Except as provided in subsections (c-5) and (d), any
25person convicted of a second violation of this Section shall be
26ordered by the court to serve a minimum of 100 hours of

 

 

HB2798- 13 -LRB097 09511 HEP 49648 b

1community service.
2    (c-2) In addition to other penalties imposed under this
3Section, the court may impose on any person convicted a fourth
4time of violating this Section any of the following:
5        (1) Seizure of the license plates of the person's
6    vehicle.
7        (2) Immobilization of the person's vehicle for a period
8    of time to be determined by the court.
9    (c-3) Any person convicted of a violation of this Section
10during a period of summary suspension imposed pursuant to
11Section 11-501.1 when the person was eligible for a MDDP shall
12be guilty of a Class 4 felony and shall serve a minimum term of
13imprisonment of 30 days.
14    (c-4) Any person who has been issued a MDDP and who is
15convicted of a violation of this Section as a result of
16operating or being in actual physical control of a motor
17vehicle not equipped with an ignition interlock device at the
18time of the offense shall be guilty of a Class 4 felony and
19shall serve a minimum term of imprisonment of 30 days.
20    (c-5) Any person convicted of a second violation of this
21Section is guilty of a Class 2 felony, is not eligible for
22probation or conditional discharge, and shall serve a mandatory
23term of imprisonment, if the revocation or suspension was for a
24violation of Section 9-3 of the Criminal Code of 1961, relating
25to the offense of reckless homicide, or a similar out-of-state
26offense.

 

 

HB2798- 14 -LRB097 09511 HEP 49648 b

1    (d) Any person convicted of a second violation of this
2Section shall be guilty of a Class 4 felony and shall serve a
3minimum term of imprisonment of 30 days or 300 hours of
4community service, as determined by the court, if the original
5revocation or suspension was for a violation of Section 11-401
6or 11-501 of this Code, or a similar out-of-state offense, or a
7similar provision of a local ordinance, or a statutory summary
8suspension or revocation under Section 11-501.1 of this Code.
9    (d-1) Except as provided in subsections (d-2), (d-2.5), and
10(d-3), any person convicted of a third or subsequent violation
11of this Section shall serve a minimum term of imprisonment of
1230 days or 300 hours of community service, as determined by the
13court.
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 the revocation or suspension
17was for a violation of Section 11-401 or 11-501 of this Code,
18or a similar out-of-state offense, or a similar provision of a
19local ordinance, or a statutory summary suspension or
20revocation under Section 11-501.1 of this Code.
21    (d-2.5) Any person convicted of a third violation of this
22Section is guilty of a Class 1 felony, is not eligible for
23probation or conditional discharge, and must serve a mandatory
24term of imprisonment if the revocation or suspension was for a
25violation of Section 9-3 of the Criminal Code of 1961, relating
26to the offense of reckless homicide, or a similar out-of-state

 

 

HB2798- 15 -LRB097 09511 HEP 49648 b

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

 

 

HB2798- 16 -LRB097 09511 HEP 49648 b

1    (d-5) Any person convicted of a fifteenth or subsequent
2violation of this Section is guilty of a Class 2 felony, and is
3not eligible for probation or conditional discharge, if the
4revocation or suspension was for a violation of Section 11-401
5or 11-501 of this Code, or a similar out-of-state offense, or a
6similar provision of a local ordinance, or a statutory summary
7suspension or revocation under Section 11-501.1 of this Code.
8    (e) Any person in violation of this Section who is also in
9violation of Section 7-601 of this Code relating to mandatory
10insurance requirements, in addition to other penalties imposed
11under this Section, shall have his or her motor vehicle
12immediately impounded by the arresting law enforcement
13officer. The motor vehicle may be released to any licensed
14driver upon a showing of proof of insurance for the vehicle
15that was impounded and the notarized written consent for the
16release by the vehicle owner.
17    (f) For any prosecution under this Section, a certified
18copy of the driving abstract of the defendant shall be admitted
19as proof of any prior conviction.
20    (g) The motor vehicle used in a violation of this Section
21is subject to seizure and forfeiture as provided in Sections
2236-1 and 36-2 of the Criminal Code of 1961 if the person's
23driving privilege was revoked or suspended as a result of a
24violation listed in paragraph (1) or (2) of subsection (c) of
25this Section, as a result of a summary suspension or revocation
26as provided in paragraph (3) of subsection (c) of this Section,

 

 

HB2798- 17 -LRB097 09511 HEP 49648 b

1or as a result of a violation of Section 9-3 of the Criminal
2Code of 1961 relating to the offense of reckless homicide.
3(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
4eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
5eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
696-1000, eff. 7-2-10; 96-1344, eff. 7-1-11.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.