Rep. Norine Hammond

Filed: 3/23/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4863

2    AMENDMENT NO. ______. Amend House Bill 4863 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 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), any
10person who drives or is in actual physical control of a motor
11vehicle on any highway of this State at a time when such
12person's driver's license, permit or privilege to do so or the
13privilege to obtain a driver's license or permit is revoked or
14suspended as provided by this Code or the law of another state,
15except as may be specifically allowed by a judicial driving
16permit issued prior to January 1, 2009, monitoring device

 

 

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1driving permit, family financial responsibility driving
2permit, probationary license to drive, or a restricted driving
3permit issued pursuant to this Code or under the law of another
4state, shall be guilty of a Class A misdemeanor.
5    (a-5) Any person who violates this Section as provided in
6subsection (a) while his or her driver's license, permit or
7privilege is revoked because of a violation of Section 9-3 of
8the Criminal Code of 1961, relating to the offense of reckless
9homicide or a similar provision of a law of another state, is
10guilty of a Class 4 felony. The person shall be required to
11undergo a professional evaluation, as provided in Section
1211-501 of this Code, to determine if an alcohol, drug, or
13intoxicating compound problem exists and the extent of the
14problem, and to undergo the imposition of treatment as
15appropriate.
16    (b) (Blank).
17    (b-1) Upon receiving a report of the conviction of any
18violation indicating a person was operating a motor vehicle
19during the time when the person's driver's license, permit or
20privilege was suspended by the Secretary of State or the
21driver's licensing administrator of another state, except as
22specifically allowed by a probationary license, judicial
23driving permit, restricted driving permit or monitoring device
24driving permit the Secretary shall extend the suspension for
25the same period of time as the originally imposed suspension
26unless the suspension has already expired, in which case the

 

 

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1Secretary shall be authorized to suspend the person's driving
2privileges for the same period of time as the originally
3imposed suspension.
4    (b-2) Except as provided in subsection (b-6), upon
5receiving a report of the conviction of any violation
6indicating a person was operating a motor vehicle when the
7person's driver's license, permit or privilege was revoked by
8the Secretary of State or the driver's license administrator of
9any other state, except as specifically allowed by a restricted
10driving permit issued pursuant to this Code or the law of
11another state, the Secretary shall not issue a driver's license
12for an additional period of one year from the date of such
13conviction indicating such person was operating a vehicle
14during such period of revocation.
15    (b-3) (Blank).
16    (b-4) When the Secretary of State receives a report of a
17conviction of any violation indicating a person was operating a
18motor vehicle that was not equipped with an ignition interlock
19device during a time when the person was prohibited from
20operating a motor vehicle not equipped with such a device, the
21Secretary shall not issue a driver's license to that person for
22an additional period of one year from the date of the
23conviction.
24    (b-5) Any person convicted of violating this Section shall
25serve a minimum term of imprisonment of 30 consecutive days or
26300 hours of community service when the person's driving

 

 

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

 

 

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

 

 

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1    (c-5) Any person convicted of a second violation of this
2Section is guilty of a Class 2 felony, is not eligible for
3probation or conditional discharge, and shall serve a mandatory
4term of imprisonment, if the revocation or suspension was for a
5violation of Section 9-3 of the Criminal Code of 1961, relating
6to the offense of reckless homicide, or a similar out-of-state
7offense.
8    (d) Any person convicted of a second violation of this
9Section shall be guilty of a Class 4 felony and shall serve a
10minimum term of imprisonment of 30 days or 300 hours of
11community service, as determined by the court, if the original
12revocation or suspension was for a violation of Section 11-401
13or 11-501 of this Code, or a similar out-of-state offense, or a
14similar provision of a local ordinance, or a statutory summary
15suspension or revocation under Section 11-501.1 of this Code.
16    (d-1) Except as provided in subsections (d-2), (d-2.5), and
17(d-3), any person convicted of a third or subsequent violation
18of this Section shall serve a minimum term of imprisonment of
1930 days or 300 hours of community service, as determined by the
20court.
21    (d-2) Any person convicted of a third violation of this
22Section is guilty of a Class 4 felony and must serve a minimum
23term of imprisonment of 30 days if the revocation or suspension
24was for a violation of Section 11-401 or 11-501 of this Code,
25or a similar out-of-state offense, or a similar provision of a
26local ordinance, or a statutory summary suspension or

 

 

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1revocation under Section 11-501.1 of this Code.
2    (d-2.5) Any person convicted of a third violation of this
3Section is guilty of a Class 1 felony, is not eligible for
4probation or conditional discharge, and must serve a mandatory
5term of imprisonment if the revocation or suspension was for a
6violation of Section 9-3 of the Criminal Code of 1961, relating
7to the offense of reckless homicide, or a similar out-of-state
8offense. The person's driving privileges shall be revoked for
9the remainder of the person's life.
10    (d-3) Any person convicted of a fourth, fifth, sixth,
11seventh, eighth, or ninth violation of this Section is guilty
12of a Class 4 felony and must serve a minimum term of
13imprisonment of 180 days if the revocation or suspension was
14for a violation of Section 11-401 or 11-501 of this Code, or a
15similar out-of-state offense, or a similar provision of a local
16ordinance, or a statutory summary suspension or revocation
17under Section 11-501.1 of this Code.
18    (d-3.5) Any person convicted of a fourth or subsequent
19violation of this Section is guilty of a Class 1 felony, is not
20eligible for probation or conditional discharge, and must serve
21a mandatory term of imprisonment, and is eligible for an
22extended term, if the revocation or suspension was for a
23violation of Section 9-3 of the Criminal Code of 1961, relating
24to the offense of reckless homicide, or a similar out-of-state
25offense.
26    (d-4) Any person convicted of a tenth, eleventh, twelfth,

 

 

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1thirteenth, or fourteenth violation of this Section is guilty
2of a Class 3 felony, and is not eligible for probation or
3conditional discharge, if the revocation or suspension was for
4a violation of Section 11-401 or 11-501 of this Code, or a
5similar out-of-state offense, or a similar provision of a local
6ordinance, or a statutory summary suspension or revocation
7under Section 11-501.1 of this Code.
8    (d-5) Any person convicted of a fifteenth or subsequent
9violation of this Section is guilty of a Class 2 felony, and is
10not eligible for probation or conditional discharge, if the
11revocation or suspension was for a violation of Section 11-401
12or 11-501 of this Code, or a similar out-of-state offense, or a
13similar provision of a local ordinance, or a statutory summary
14suspension or revocation under Section 11-501.1 of this Code.
15    (e) Any person in violation of this Section who is also in
16violation of Section 7-601 of this Code relating to mandatory
17insurance requirements, in addition to other penalties imposed
18under this Section, shall have his or her motor vehicle
19immediately impounded by the arresting law enforcement
20officer. The motor vehicle may be released to any licensed
21driver upon a showing of proof of insurance for the vehicle
22that was impounded and the notarized written consent for the
23release by the vehicle owner.
24    (f) For any prosecution under this Section, a certified
25copy of the driving abstract of the defendant shall be admitted
26as proof of any prior conviction.

 

 

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1    (g) The motor vehicle used in a violation of this Section
2is subject to seizure and forfeiture as provided in Sections
336-1 and 36-2 of the Criminal Code of 1961 if the person's
4driving privilege was revoked or suspended as a result of:
5        (1) a violation of Section 11-501 of this Code, a
6    similar provision of a local ordinance, or a similar
7    provision of a law of another state;
8        (2) a violation of paragraph (b) of Section 11-401 of
9    this Code, a similar provision of a local ordinance, or a
10    similar provision of a law of another state;
11        (3) a statutory summary suspension or revocation under
12    Section 11-501.1 of this Code or a similar provision of a
13    law of another state; or
14        (4) a violation of Section 9-3 of the Criminal Code of
15    1961 relating to the offense of reckless homicide, or a
16    similar provision of a law of another state.
17listed in paragraph (1) or (2) of subsection (c) of this
18Section, as a result of a summary suspension or revocation as
19provided in paragraph (3) of subsection (c) of this Section, or
20as a result of a violation of Section 9-3 of the Criminal Code
21of 1961 relating to the offense of reckless homicide.
22(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
23eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
24eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
2596-1000, eff. 7-2-10; 96-1344, eff. 7-1-11.)".