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92nd General Assembly

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Public Act 92-0688

SB1730 Enrolled                                LRB9211356DHmg

    AN ACT in relation to vehicles.

    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)  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,  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.
    (b)  The  Secretary  of  State upon receiving a report of
the conviction of  any  violation  indicating  a  person  was
operating  a motor vehicle during the time when said person's
driver's license, permit or privilege was  suspended  by  the
Secretary,  by the appropriate authority of another state, or
pursuant to Section 11-501.1; except as may  be  specifically
allowed  by a probationary license to drive, judicial driving
permit or restricted driving permit issued pursuant  to  this
Code or the law of another state; shall extend the suspension
for  the  same  period  of  time  as  the  originally imposed
suspension; however, if the period  of  suspension  has  then
expired,  the  Secretary  shall be authorized to suspend said
person's driving privileges for the same period  of  time  as
the  originally imposed suspension; and if the conviction was
upon a charge which indicated that  a  vehicle  was  operated
during the time when the person's driver's license, permit or
privilege  was  revoked;  except  as  may  be  allowed  by  a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.
    (c)  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 violation of Section 9-3 of the Criminal Code
    of 1961, as amended, relating to the offense of  reckless
    homicide; or
         (4)  a  statutory  summary  suspension 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 subsection (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.
    (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
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,  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, or a statutory summary suspension under
Section 11-501.1 of this Code.
    (d-1)  Except   as   provided  in  subsection  (d-2)  and
subsection  (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, 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,  or  a
statutory  summary  suspension under Section 11-501.1 of this
Code.
    (d-3)  Any person convicted of  a  fourth  or  subsequent
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, 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, or a statutory summary suspension 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 a violation listed in paragraph (1), (2), or (3) of
subsection  (c)  of  this Section or as a result of a summary
suspension as provided in paragraph (4) of subsection (c)  of
this Section.
(Source: P.A. 91-692, eff. 4-13-00; 92-340, eff. 8-10-01.)

    Section  10.   The  Criminal  Code  of 1961 is amended by
changing Section 36-1 as follows:
    (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
    Sec. 36-1.  Seizure.  Any  vessel,  vehicle  or  aircraft
used  with  the  knowledge  and  consent  of the owner in the
commission of, or in the attempt  to  commit  as  defined  in
Section  8-4  of  this  Code,  an  offense  prohibited by (a)
Section 9-1, 9-3,  10-2,  11-6,  11-15.1,  11-19.1,  11-19.2,
11-20.1,  12-4.1,  12-4.2,  12-4.2-5, 12-4.3, 12-4.6, 12-7.3,
12-7.4, 12-13, 12-14, 18-2, 19-1,  19-2,  19-3,  20-1,  20-2,
20.5-6,  24-1.2,  24-1.2-5,  24-1.5,  or  28-1  of this Code,
paragraph (a) of Section 12-4 of this Code, paragraph (a)  of
Section  12-15 or paragraphs (a), (c) or (d) of Section 12-16
of this Code, or paragraph (a)(6) or (a)(7) of  Section  24-1
of  this  Code;  (b)  Section  21,  22,  23,  24 or 26 of the
Cigarette Tax Act if the vessel, vehicle or aircraft contains
more than 10 cartons of such cigarettes; (c) Section  28,  29
or  30 of the Cigarette Use Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons  of  such  cigarettes;
(d)  Section  44  of  the  Environmental  Protection Act; (e)
11-204.1 of the Illinois Vehicle Code; or  (f)  the  offenses
described in the following provisions of the Illinois Vehicle
Code:   Section   11-501   subdivisions  (c-1)(1),  (c-1)(2),
(c-1)(3),  (d)(1)(A),  or  (d)(1)(D);  or  (g)   an   offense
described  in subsection (g) of Section 6-303 of the Illinois
Vehicle Code; may be seized and delivered  forthwith  to  the
sheriff of the county of seizure.
    Within 15 days after such delivery the sheriff shall give
notice  of  seizure to each person according to the following
method: Upon each such person whose right, title or  interest
is  of  record  in  the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of  this  State,  or
any  other state of the United States if such vessel, vehicle
or aircraft is required to be so registered, as the case  may
be,  by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of  State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States  if such vessel, vehicle or aircraft is required to be
so registered. Within that 15 day period  the  sheriff  shall
also  notify  the  State's  Attorney of the county of seizure
about the seizure.
    In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section  7g  of
the  Metropolitan  Water  Reclamation  District  Act shall be
subject to seizure and forfeiture under the  same  procedures
provided  in  this  Article for the seizure and forfeiture of
vessels, vehicles and aircraft, and any such equipment  shall
be  deemed a vessel, vehicle or aircraft for purposes of this
Article.
    When a person discharges a firearm at another  individual
from a vehicle with the knowledge and consent of the owner of
the  vehicle  and  with  the  intent  to cause death or great
bodily harm to that individual and as a result  causes  death
or great bodily harm to that individual, the vehicle shall be
subject  to  seizure and forfeiture under the same procedures
provided in this Article for the seizure  and  forfeiture  of
vehicles  used in violations of clauses (a), (b), (c), or (d)
of this Section.
    If the spouse of the owner of a  vehicle  seized  for  an
offense  described  in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of  subdivision  (c-1)(1),
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
of  the  Illinois  Vehicle  Code, or Section 9-3 of this Code
makes a showing that the seized vehicle is the only source of
transportation  and  it  is  determined  that  the  financial
hardship to the family as a result of the  seizure  outweighs
the benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle  shall  be transferred to the spouse or family member
who is properly licensed and who  requires  the  use  of  the
vehicle  for employment or family transportation purposes.  A
written declaration of forfeiture of  a  vehicle  under  this
Section  shall  be  sufficient  cause  for  the  title  to be
transferred to the spouse or family member.   The  provisions
of  this  paragraph  shall  apply  only to one forfeiture per
vehicle.  If the vehicle  is  the  subject  of  a  subsequent
forfeiture proceeding by virtue of a subsequent conviction of
either  spouse  or  the  family  member, the spouse or family
member to whom the vehicle  was  forfeited  under  the  first
forfeiture  proceeding may not utilize the provisions of this
paragraph in another forfeiture proceeding.  If the owner  of
the  vehicle seized owns more than one vehicle, the procedure
set out in this paragraph may be used for only one vehicle.
    Property declared contraband  under  Section  40  of  the
Illinois  Streetgang  Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 91-876, eff. 1-1-01; 92-57, eff. 1-1-02.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 30, 2002.
    Approved July 16, 2002.
    Effective July 16, 2002.

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