Rep. Susana A. Mendoza

Filed: 2/17/2010

 

 


 

 


 
09600HB2490ham002 LRB096 09113 AJT 33173 a

1
AMENDMENT TO HOUSE BILL 2490

2     AMENDMENT NO. ______. Amend House Bill 2490, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-303 as follows:
 
7     (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
8     Sec. 6-303. Driving while driver's license, permit or
9 privilege to operate a motor vehicle is suspended or revoked.
10     (a) Except as otherwise provided in subsection (a-5), any
11 person who drives or is in actual physical control of a motor
12 vehicle on any highway of this State at a time when such
13 person's driver's license, permit or privilege to do so or the
14 privilege to obtain a driver's license or permit is revoked or
15 suspended as provided by this Code or the law of another state,
16 except as may be specifically allowed by a judicial driving

 

 

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1 permit issued prior to January 1, 2009, monitoring device
2 driving permit, family financial responsibility driving
3 permit, probationary license to drive, or a restricted driving
4 permit issued pursuant to this Code or under the law of another
5 state, shall be guilty of a Class A misdemeanor.
6     (a-5) Any person who violates this Section as provided in
7 subsection (a) while his or her driver's license, permit or
8 privilege is revoked because of a violation of Section 9-3 of
9 the Criminal Code of 1961, relating to the offense of reckless
10 homicide or a similar provision of a law of another state, is
11 guilty of a Class 4 felony. The person shall be required to
12 undergo a professional evaluation, as provided in Section
13 11-501 of this Code, to determine if an alcohol, drug, or
14 intoxicating compound problem exists and the extent of the
15 problem, and to undergo the imposition of treatment as
16 appropriate.
17     (b) (Blank).
18     (b-1) Upon receiving a report of the conviction of any
19 violation indicating a person was operating a motor vehicle
20 during the time when the person's driver's license, permit or
21 privilege was suspended by the Secretary of State or the
22 driver's licensing administrator of another state, except as
23 specifically allowed by a probationary license, judicial
24 driving permit, restricted driving permit or monitoring device
25 driving permit the Secretary shall extend the suspension for
26 the same period of time as the originally imposed suspension

 

 

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

 

 

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1 300 hours of community service when the person's driving
2 privilege was revoked or suspended as a result of a violation
3 of Section 9-3 of the Criminal Code of 1961, as amended,
4 relating to the offense of reckless homicide, or a similar
5 provision of a law of another state.
6     (b-6) Upon receiving a report of a first conviction of
7 operating a motor vehicle while the person's driver's license,
8 permit or privilege was revoked where the revocation was for a
9 violation of Section 9-3 of the Criminal Code of 1961 relating
10 to the offense of reckless homicide or a similar out-of-state
11 offense, the Secretary shall not issue a driver's license for
12 an additional period of three years from the date of such
13 conviction.
14     (c) Except as provided in subsections (c-3) and (c-4), any
15 person convicted of violating this Section shall serve a
16 minimum term of imprisonment of 10 consecutive days or 30 days
17 of community service when the person's driving privilege was
18 revoked or suspended as a result of:
19         (1) a violation of Section 11-501 of this Code or a
20     similar provision of a local ordinance relating to the
21     offense of operating or being in physical control of a
22     vehicle while under the influence of alcohol, any other
23     drug or any combination thereof; or
24         (2) a violation of paragraph (b) of Section 11-401 of
25     this Code or a similar provision of a local ordinance
26     relating to the offense of leaving the scene of a motor

 

 

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

 

 

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

 

 

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1 local ordinance, or a statutory summary suspension under
2 Section 11-501.1 of this Code.
3     (d-2.5) Any person convicted of a third violation of this
4 Section is guilty of a Class 1 felony, is not eligible for
5 probation or conditional discharge, and must serve a mandatory
6 term of imprisonment if the revocation or suspension was for a
7 violation of Section 9-3 of the Criminal Code of 1961, relating
8 to the offense of reckless homicide, or a similar out-of-state
9 offense. The person's driving privileges shall be revoked for
10 the remainder of the person's life.
11     (d-3) Any person convicted of a fourth, fifth, sixth,
12 seventh, eighth, or ninth violation of this Section is guilty
13 of a Class 4 felony and must serve a minimum term of
14 imprisonment of 180 days if the revocation or suspension was
15 for a violation of Section 11-401 or 11-501 of this Code, or a
16 similar out-of-state offense, or a similar provision of a local
17 ordinance, or a statutory summary suspension under Section
18 11-501.1 of this Code.
19     (d-3.3) Any person convicted of a fourth, fifth, sixth,
20 seventh, eighth, or ninth violation of this Section is guilty
21 of a Class 4 felony and must serve a minimum term of
22 imprisonment of 180 days and abstain from consuming alcohol
23 while wearing a continuous alcohol monitoring device to verify
24 compliance for 270 days after imprisonment if the revocation or
25 suspension was for a violation of Section 11-501 of this Code,
26 or a similar out-of-state offense, or a similar provision of a

 

 

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1 local ordinance, or a statutory summary suspension under
2 Section 11-501.1 of this Code.
3     (d-3.5) Any person convicted of a fourth or subsequent
4 violation of this Section is guilty of a Class 1 felony, is not
5 eligible for probation or conditional discharge, and must serve
6 a mandatory term of imprisonment, and is eligible for an
7 extended term, if the revocation or suspension was for a
8 violation of Section 9-3 of the Criminal Code of 1961, relating
9 to the offense of reckless homicide, or a similar out-of-state
10 offense.
11     (d-4) Any person convicted of a tenth, eleventh, twelfth,
12 thirteenth, or fourteenth violation of this Section is guilty
13 of a Class 3 felony, and is not eligible for probation or
14 conditional discharge, if the revocation or suspension was for
15 a violation of Section 11-401 or 11-501 of this Code, or a
16 similar out-of-state offense, or a similar provision of a local
17 ordinance, or a statutory summary suspension under Section
18 11-501.1 of this Code.
19     (d-4.5) Any person convicted of a tenth, eleventh, twelfth,
20 thirteenth, or fourteenth violation of this Section is guilty
21 of a Class 3 felony, and is not eligible for probation or
22 conditional discharge, if the revocation or suspension was for
23 a violation of Section 11-501 of this Code, or a similar
24 out-of-state offense, or a similar provision of a local
25 ordinance, or a statutory summary suspension under Section
26 11-501.1 of this Code. Upon release, the person shall abstain

 

 

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1 from consuming alcohol and wear a continuous alcohol monitoring
2 device to verify compliance for 365 days after imprisonment.
3     (d-5) Any person convicted of a fifteenth or subsequent
4 violation of this Section is guilty of a Class 2 felony, and is
5 not eligible for probation or conditional discharge, if the
6 revocation or suspension was for a violation of Section 11-401
7 or 11-501 of this Code, or a similar out-of-state offense, or a
8 similar provision of a local ordinance, or a statutory summary
9 suspension under Section 11-501.1 of this Code.
10     (d-7) Any person convicted of a fifteenth or subsequent
11 violation of this Section is guilty of a Class 2 felony, and is
12 not eligible for probation or conditional discharge, if the
13 revocation or suspension was for a violation of Section 11-501
14 of this Code, or a similar out-of-state offense, or a similar
15 provision of a local ordinance, or a statutory summary
16 suspension under Section 11-501.1 of this Code. Upon release,
17 the person shall abstain from consuming alcohol and wear a
18 continuous alcohol monitoring device to verify compliance for
19 365 days after imprisonment.
20     (e) Any person in violation of this Section who is also in
21 violation of Section 7-601 of this Code relating to mandatory
22 insurance requirements, in addition to other penalties imposed
23 under this Section, shall have his or her motor vehicle
24 immediately impounded by the arresting law enforcement
25 officer. The motor vehicle may be released to any licensed
26 driver upon a showing of proof of insurance for the vehicle

 

 

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1 that was impounded and the notarized written consent for the
2 release by the vehicle owner.
3     (f) For any prosecution under this Section, a certified
4 copy of the driving abstract of the defendant shall be admitted
5 as proof of any prior conviction.
6     (g) The motor vehicle used in a violation of this Section
7 is subject to seizure and forfeiture as provided in Sections
8 36-1 and 36-2 of the Criminal Code of 1961 if the person's
9 driving privilege was revoked or suspended as a result of a
10 violation listed in paragraph (1) or (2) of subsection (c) of
11 this Section, as a result of a summary suspension as provided
12 in paragraph (3) of subsection (c) of this Section, or as a
13 result of a violation of Section 9-3 of the Criminal Code of
14 1961 relating to the offense of reckless homicide.
15     (h) For the purposes of this Section, "continuous alcohol
16 monitoring device" means a device that automatically tests
17 breath, blood, or transdermal alcohol concentration levels at
18 least once every hour and detects tamper attempts, regardless
19 of the location of the person who is being monitored, and
20 regularly transmits such data. A person required to wear a
21 continuous alcohol monitoring device under this Section is
22 responsible for all costs of the device.
23 (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
24 eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
25 eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised
26 9-15-09.)".