Full Text of HB2490 96th General Assembly
HB2490ham002 96TH GENERAL ASSEMBLY
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Rep. Susana A. Mendoza
Filed: 2/17/2010
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09600HB2490ham002 |
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LRB096 09113 AJT 33173 a |
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| AMENDMENT TO HOUSE BILL 2490
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| AMENDMENT NO. ______. Amend House Bill 2490, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Vehicle Code is amended by | 6 |
| changing Section 6-303 as follows:
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| (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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| Sec. 6-303. Driving while driver's license, permit or | 9 |
| privilege to
operate a motor vehicle is suspended or revoked.
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| (a) Except as otherwise provided in subsection (a-5), any | 11 |
| person who drives or is in actual physical control of a motor
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| 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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LRB096 09113 AJT 33173 a |
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| 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.
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| (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.
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| (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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LRB096 09113 AJT 33173 a |
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| 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).
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| (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.
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| (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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LRB096 09113 AJT 33173 a |
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| 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,
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| relating to the offense of reckless homicide, or a similar | 5 |
| provision of a law of another state.
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| (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:
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| (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
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| (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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| vehicle accident involving personal injury or death; or
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| (3)
a statutory summary suspension under Section | 3 |
| 11-501.1 of this
Code.
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| Such sentence of imprisonment or community service shall | 5 |
| not be subject
to suspension in order to reduce such sentence.
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| (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.
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| (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:
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| (1) Seizure of the license plates of the person's | 14 |
| vehicle.
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| (2) Immobilization of the person's vehicle for a period | 16 |
| of time
to be determined by the court.
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| (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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| shall serve a minimum term of imprisonment of 30 days.
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| (c-5) Any person convicted of a second violation of this
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| 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
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| to the offense of reckless homicide, or a similar out-of-state | 8 |
| offense.
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| (d) Any person convicted of a second violation of this
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| 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
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| 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.
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| (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
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| court.
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| (d-2) Any person convicted of a third violation of this
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| 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,
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| or a similar out-of-state offense, or a similar provision of a |
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09600HB2490ham002 |
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LRB096 09113 AJT 33173 a |
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| local
ordinance, or a
statutory summary suspension under | 2 |
| Section 11-501.1 of this Code.
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| (d-2.5) Any person convicted of a third violation of this
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| 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
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| 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 .
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| (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
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| 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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09600HB2490ham002 |
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LRB096 09113 AJT 33173 a |
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| 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
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| 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.
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| (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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LRB096 09113 AJT 33173 a |
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| 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 .
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| (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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| that was impounded and the notarized written
consent for the | 2 |
| release by the vehicle owner.
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| (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.
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| (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.
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| (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.)".
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