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Public Act 097-0984


 

Public Act 0984 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0984
 
HB4863 EnrolledLRB097 17321 HEP 62522 b

    AN ACT concerning transportation.
 
    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) Except as otherwise provided in subsection (a-5), 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 issued prior to January 1, 2009, monitoring device
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.
    (a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961, relating to the offense of reckless
homicide or a similar provision of a law of another state, is
guilty of a Class 4 felony. The person shall be required to
undergo a professional evaluation, as provided in Section
11-501 of this Code, to determine if an alcohol, drug, or
intoxicating compound problem exists and the extent of the
problem, and to undergo the imposition of treatment as
appropriate.
    (b) (Blank).
    (b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
    (b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically 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.
    (b-3) (Blank).
    (b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
    (b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961, as amended,
relating to the offense of reckless homicide, or a similar
provision of a law of another state.
    (b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for 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, the Secretary shall not issue a driver's license for
an additional period of three years from the date of such
conviction.
    (c) Except as provided in subsections (c-3) and (c-4), 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 statutory summary suspension or revocation 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 subsections (c-5) and (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.
    (c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall
be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
    (c-4) Any person who has been issued a MDDP and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
    (c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if the revocation or suspension was for 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.
    (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 original
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, or a statutory summary
suspension or revocation under Section 11-501.1 of this Code.
    (d-1) Except as provided in subsections (d-2), (d-2.5), and
(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, or a statutory summary suspension or
revocation under Section 11-501.1 of this Code.
    (d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment if the revocation or suspension was for 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. The person's driving privileges shall be revoked for
the remainder of the person's life.
    (d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth 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, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
    (d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if the revocation or suspension was for 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.
    (d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, 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, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code.
    (d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, 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, or a statutory summary
suspension or revocation 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:
        (1) a violation of Section 11-501 of this Code, a
    similar provision of a local ordinance, or a similar
    provision of a law of another state;
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code, a similar provision of a local ordinance, or a
    similar provision of a law of another state;
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code or a similar provision of a
    law of another state; or
        (4) a violation of Section 9-3 of the Criminal Code of
    1961 relating to the offense of reckless homicide, or a
    similar provision of a law of another state.
listed in paragraph (1) or (2) of subsection (c) of this
Section, as a result of a summary suspension or revocation as
provided in paragraph (3) of subsection (c) of this Section, or
as a result of a violation of Section 9-3 of the Criminal Code
of 1961 relating to the offense of reckless homicide.
(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11.)

Effective Date: 1/1/2013