State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 004 ]

90_HB3741ham001

                                           LRB9009428OBpkam01
 1                    AMENDMENT TO HOUSE BILL 3741
 2        AMENDMENT NO.     .  Amend House Bill 3741  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend the Illinois Vehicle Code by changing
 5    Section 6-303."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.   The  Illinois  Vehicle  Code is amended by
 9    changing Section 6-303 as follows:
10        (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
11        Sec. 6-303.  Driving while driver's  license,  permit  or
12    privilege to operate a motor vehicle is suspended or revoked.
13        (a)  Any  person  who  drives  or  is  in actual physical
14    control of a motor vehicle on any highway of this State at  a
15    time  when  that  such  person's  driver's license, permit or
16    privilege to do so or the  privilege  to  obtain  a  driver's
17    license or permit is revoked or suspended as provided by this
18    Code   or  the  law  of  another  state,  except  as  may  be
19    specifically allowed by a  judicial  driving  permit,  family
20    financial responsibility driving permit, probationary license
21    to  drive,  or  a  restricted  driving  permit  issued  under
                            -2-            LRB9009428OBpkam01
 1    pursuant  to  this  Code  or  under the law of another state,
 2    shall be guilty of a Class A misdemeanor.
 3        (b)  The Secretary of State upon receiving  a  report  of
 4    the  conviction  of  any  violation  indicating  a person was
 5    operating a motor vehicle during the time when said  person's
 6    driver's  license,  permit  or privilege was suspended by the
 7    Secretary, by the appropriate authority of another state,  or
 8    pursuant  to  Section 11-501.1; except as may be specifically
 9    allowed by a probationary license to drive, judicial  driving
10    permit  or  restricted driving permit issued pursuant to this
11    Code or the law of another state; shall extend the suspension
12    for the  same  period  of  time  as  the  originally  imposed
13    suspension;  however,  if  the  period of suspension has then
14    expired, the Secretary shall be authorized  to  suspend  said
15    person's  driving  privileges  for the same period of time as
16    the originally imposed suspension; and if the conviction  was
17    upon  a  charge  which  indicated that a vehicle was operated
18    during the time when the person's driver's license, permit or
19    privilege  was  revoked;  except  as  may  be  allowed  by  a
20    restricted driving permit issued pursuant to this Code or the
21    law of  another  state;  the  Secretary  shall  not  issue  a
22    driver's  license  for  an additional period of one year from
23    the date  of  such  conviction  indicating  such  person  was
24    operating a vehicle during such period of revocation.
25        (c)  Any person convicted of violating this Section shall
26    serve a minimum term of imprisonment of 7 consecutive days or
27    30  days  of  community  service  when  the  person's driving
28    privilege was revoked or suspended as a result of:
29             (1)  a violation of Section 11-501 of this Code or a
30        similar provision of a local ordinance  relating  to  the
31        offense  of  operating  or being in physical control of a
32        vehicle while under the influence of alcohol,  any  other
33        drug or any combination thereof; or
34             (2)  a  violation of paragraph (b) of Section 11-401
                            -3-            LRB9009428OBpkam01
 1        of this Code or a similar provision of a local  ordinance
 2        relating  to  the offense of leaving the scene of a motor
 3        vehicle accident involving personal injury or death; or
 4             (3)  a violation of Section 9-3 of the Criminal Code
 5        of 1961, as amended, relating to the offense of  reckless
 6        homicide; or
 7             (4)  a  statutory  summary  suspension under Section
 8        11-501.1 of this Code.
 9        Such sentence of imprisonment or community service  shall
10    not  be  subject  to  suspension  in  order  to  reduce  such
11    sentence.
12        (d)  Any  person  convicted  of  a  second  or subsequent
13    violation of this Section shall be guilty of a Class 4 felony
14    if the original revocation or suspension was for a  violation
15    of  Section  11-401  or  11-501  of  this  Code, or a similar
16    out-of-state offense, or  a  similar  provision  of  a  local
17    ordinance, a violation of Section 9-3 of the Criminal Code of
18    1961,  relating  to  the  offense  of reckless homicide, or a
19    similar  out-of-state  offense,  or   a   statutory   summary
20    suspension  under  Section  11-501.1  of  this  Code. For any
21    prosecution under this  Section,  a  certified  copy  of  the
22    driving  abstract of the defendant shall be admitted as proof
23    of any prior conviction.
24        (e)  Any person in violation of this Section who is  also
25    in  violation  of  Section  7-601  of  this  Code relating to
26    mandatory  insurance  requirements,  in  addition  to   other
27    penalties  imposed  under this Section, shall have his or her
28    motor vehicle immediately  impounded  by  the  arresting  law
29    enforcement  officer.    The motor vehicle may be released to
30    any licensed driver upon a showing of proof of insurance  for
31    the  vehicle  that  was  impounded  and the notarized written
32    consent for the release by the vehicle owner.
33    (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
34    eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)".

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