Full Text of HB2490 96th General Assembly
HB2490eng 96TH GENERAL ASSEMBLY
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| 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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| (Text of Section before amendment by P.A. 95-991 ) | 8 |
| 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
| 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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| permit issued prior to January 1, 2009, monitoring device | 18 |
| driving permit, family financial responsibility driving | 19 |
| permit, probationary
license to drive, or a restricted driving | 20 |
| permit issued pursuant to this Code
or under the law of another | 21 |
| state, shall be guilty of a Class A misdemeanor.
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| (a-5) Any person who violates this Section as provided in | 23 |
| subsection (a) while his or her driver's license, permit or |
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| 1 |
| privilege is revoked because of a violation of Section 9-3 of | 2 |
| the Criminal Code of 1961, relating to the offense of reckless | 3 |
| homicide or a similar provision of a law of another state, is | 4 |
| guilty of a Class 4 felony. The person shall be required to | 5 |
| undergo a professional evaluation, as provided in Section | 6 |
| 11-501 of this Code, to determine if an alcohol, drug, or | 7 |
| intoxicating compound problem exists and the extent of the | 8 |
| problem, and to undergo the imposition of treatment as | 9 |
| appropriate.
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| (b) The Secretary of State upon receiving a report of the | 11 |
| conviction
of any violation indicating a person was operating a | 12 |
| motor vehicle during
the time when said person's driver's | 13 |
| license, permit or privilege was
suspended by the Secretary, by | 14 |
| the appropriate authority of another state,
or pursuant to | 15 |
| Section 11-501.1; except as may
be specifically allowed by a | 16 |
| probationary license to drive, judicial
driving permit issued | 17 |
| prior to January 1, 2009, monitoring device driving permit, or | 18 |
| restricted driving permit issued pursuant to this Code or
the | 19 |
| law of another state;
shall extend the suspension for the same | 20 |
| period of time as the originally
imposed suspension; however, | 21 |
| if the period of suspension has then expired,
the Secretary | 22 |
| shall be authorized to suspend said person's driving
privileges | 23 |
| for the same period of time as the originally imposed
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| suspension. | 25 |
| (b-3) When the Secretary of State receives a report of a | 26 |
| conviction of any violation indicating that a
vehicle was |
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| operated during the time when the person's driver's license,
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| permit or privilege was revoked, except as may be allowed by a | 3 |
| restricted
driving permit issued pursuant to this Code or the | 4 |
| law of another state,
the Secretary shall not issue
a driver's | 5 |
| license to that person for an additional period of one year | 6 |
| from the date of
such conviction.
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| (b-4)
When the Secretary of State receives a report of a | 8 |
| conviction of any violation indicating a person was operating a | 9 |
| motor vehicle that was not equipped with an ignition interlock | 10 |
| device during a time when the person was prohibited from | 11 |
| operating a motor vehicle not equipped with such a device, the | 12 |
| Secretary shall not issue a driver's license to that person for | 13 |
| an additional period of one year from the date of the | 14 |
| conviction.
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| (b-5) Any person convicted of violating this Section shall | 16 |
| serve a minimum
term of imprisonment of 30 consecutive days or | 17 |
| 300
hours of community service
when the person's driving | 18 |
| privilege was revoked or suspended as a result of a violation | 19 |
| 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 | 21 |
| provision of a law of another state.
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| (c) Except as provided in subsections (c-3) and (c-4), any | 23 |
| person convicted of violating this Section shall serve a | 24 |
| minimum
term of imprisonment of 10 consecutive days or 30
days | 25 |
| of community service
when the person's driving privilege was | 26 |
| revoked or suspended as a result of:
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| 1 |
| (1) a violation of Section 11-501 of this Code or a | 2 |
| similar provision
of a local ordinance relating to the | 3 |
| offense of operating or being in physical
control of a | 4 |
| vehicle while under the influence of alcohol, any other | 5 |
| drug
or any combination thereof; or
| 6 |
| (2) a violation of paragraph (b) of Section 11-401 of | 7 |
| this Code or a
similar provision of a local ordinance | 8 |
| relating to the offense of leaving the
scene of a motor | 9 |
| vehicle accident involving personal injury or death; or
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| (3)
a statutory summary suspension under Section | 11 |
| 11-501.1 of this
Code.
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| Such sentence of imprisonment or community service shall | 13 |
| 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 | 15 |
| person convicted of a
second violation of this Section shall be | 16 |
| ordered by the court to serve a
minimum
of 100 hours of | 17 |
| community service.
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| (c-2) In addition to other penalties imposed under this | 19 |
| Section, the
court may impose on any person convicted a fourth | 20 |
| time of violating this
Section any of
the following:
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| (1) Seizure of the license plates of the person's | 22 |
| vehicle.
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| (2) Immobilization of the person's vehicle for a period | 24 |
| of time
to be determined by the court.
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| (c-3) Any person convicted of a violation of this Section | 26 |
| during a period of summary suspension imposed pursuant to |
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| Section 11-501.1 when the person was eligible for a MDDP shall | 2 |
| be guilty of a Class 4 felony and shall serve a minimum term of | 3 |
| imprisonment of 30 days. | 4 |
| (c-4) Any person who has been issued a MDDP and who is | 5 |
| convicted of a violation of this Section as a result of | 6 |
| operating or being in actual physical control of a motor | 7 |
| vehicle not equipped with an ignition interlock device at the | 8 |
| time of the offense shall be guilty of a Class 4 felony and | 9 |
| 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 | 12 |
| probation or conditional discharge, and shall serve a mandatory | 13 |
| term of
imprisonment, if the
revocation or
suspension was for a | 14 |
| 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 | 16 |
| 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 | 19 |
| minimum term of
imprisonment of 30 days or 300 hours of | 20 |
| community service, as determined by the
court, if the
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| revocation or
suspension was for a violation of Section 11-401 | 22 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 23 |
| similar provision of a local
ordinance, or a
statutory summary | 24 |
| 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 | 26 |
| (d-3), any
person convicted of
a third or subsequent violation |
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| of this Section shall serve a minimum term of
imprisonment of | 2 |
| 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 | 6 |
| term of
imprisonment of 30 days if the revocation or
suspension | 7 |
| 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 | 9 |
| local
ordinance, or a
statutory summary suspension under | 10 |
| 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 | 13 |
| probation or conditional discharge, and must serve a mandatory | 14 |
| term of
imprisonment if the revocation or
suspension was for a | 15 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 16 |
| to the offense of reckless homicide, or a similar out-of-state | 17 |
| offense.
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| (d-3) Any person convicted of a fourth, fifth, sixth, | 19 |
| seventh, eighth, or ninth violation of this
Section is guilty | 20 |
| 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 | 22 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 23 |
| similar out-of-state
offense, or a similar provision of a local | 24 |
| ordinance , or a statutory
summary suspension under Section | 25 |
| 11-501.1 of this Code .
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| (d-3.3) Any person convicted of a fourth, fifth, sixth, |
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| seventh, eighth, or ninth violation of this
Section is guilty | 2 |
| of a Class 4 felony and must serve a minimum term of
| 3 |
| imprisonment of 180 days or serve a minimum of 60 days and | 4 |
| abstain from consuming alcohol while wearing a continuous | 5 |
| alcohol monitoring device to verify compliance for 270 days | 6 |
| after imprisonment if the revocation or suspension was for a
| 7 |
| violation of Section 11-501 of this Code, or a similar | 8 |
| out-of-state
offense, or a similar provision of a local | 9 |
| ordinance, or a statutory
summary suspension under Section | 10 |
| 11-501.1 of this Code. | 11 |
| (d-3.5) Any person convicted of a fourth or subsequent | 12 |
| violation of this
Section is guilty of a Class 1 felony, is not | 13 |
| eligible for probation or conditional discharge, and must serve | 14 |
| a mandatory term of
imprisonment, and is eligible for an | 15 |
| 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 | 17 |
| to the offense of reckless homicide, or a similar out-of-state | 18 |
| offense.
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| (d-4) 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 11-401 or 11-501 of this Code, or a | 24 |
| similar 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 . |
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| (d-4.5) Any person convicted of a tenth, eleventh, twelfth, | 2 |
| thirteenth, or fourteenth violation of this Section is guilty | 3 |
| of a Class 3 felony, and is not eligible for probation or | 4 |
| conditional discharge, if the revocation or suspension was for | 5 |
| a violation of Section 11-501 of this Code, or a similar | 6 |
| out-of-state offense, or a similar provision of a local | 7 |
| ordinance, or a statutory summary suspension under Section | 8 |
| 11-501.1 of this Code. Upon release, the person shall abstain | 9 |
| from consuming alcohol and wear a continuous alcohol monitoring | 10 |
| device to verify compliance for 365 days after imprisonment. | 11 |
| (d-5) Any person convicted of a fifteenth or subsequent | 12 |
| violation of this Section is guilty of a Class 2 felony, and is | 13 |
| not eligible for probation or conditional discharge, if the | 14 |
| revocation or suspension was for a violation of Section 11-401 | 15 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 16 |
| similar provision of a local ordinance , or a statutory summary | 17 |
| suspension under Section 11-501.1 of this Code .
| 18 |
| (d-7) Any person convicted of a fifteenth or subsequent | 19 |
| violation of this Section is guilty of a Class 2 felony, and is | 20 |
| not eligible for probation or conditional discharge, if the | 21 |
| revocation or suspension was for a violation of Section 11-501 | 22 |
| of this Code, or a similar out-of-state offense, or a similar | 23 |
| provision of a local ordinance, or a statutory summary | 24 |
| suspension under Section 11-501.1 of this Code. Upon release, | 25 |
| the person shall abstain from consuming alcohol and wear a | 26 |
| continuous alcohol monitoring device to verify compliance for |
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| 1 |
| 365 days after imprisonment. | 2 |
| (e) Any person in violation of this Section who is also in | 3 |
| violation of
Section 7-601 of this Code relating to mandatory | 4 |
| insurance requirements, in
addition to other penalties imposed | 5 |
| under this Section, shall have his or her
motor vehicle | 6 |
| immediately impounded by the arresting law enforcement | 7 |
| officer.
The motor vehicle may be released to any licensed | 8 |
| driver upon a showing of
proof of insurance for the vehicle | 9 |
| that was impounded and the notarized written
consent for the | 10 |
| release by the vehicle owner.
| 11 |
| (f) For any prosecution under this Section, a certified | 12 |
| copy of the
driving abstract of the defendant shall be admitted | 13 |
| as proof of any prior
conviction.
| 14 |
| (g) The motor vehicle used in a violation of this Section | 15 |
| is subject
to seizure and forfeiture as provided in Sections | 16 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 17 |
| driving privilege was revoked
or suspended as a result of a | 18 |
| violation listed in paragraph (1), (2), or
(3) of subsection | 19 |
| (c) of this Section or as a result of a summary
suspension as | 20 |
| provided in paragraph (4) of subsection (c) of this
Section.
| 21 |
| (h) For the purposes of this Section, "continuous alcohol | 22 |
| monitoring device" means a device that automatically tests | 23 |
| breath, blood, or transdermal alcohol concentration levels at | 24 |
| least once every hour and detects tamper attempts, regardless | 25 |
| of the location of the person who is being monitored, and | 26 |
| regularly transmits such data. A person required to wear a |
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HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| 1 |
| continuous alcohol monitoring device under this Section is | 2 |
| responsible for all costs of the device. | 3 |
| (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377, | 4 |
| eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, | 5 |
| eff. 8-21-08.)
| 6 |
| (Text of Section after amendment by P.A. 95-991 ) | 7 |
| Sec. 6-303. Driving while driver's license, permit or | 8 |
| privilege to
operate a motor vehicle is suspended or revoked.
| 9 |
| (a) Except as otherwise provided in subsection (a-5), any | 10 |
| person who drives or is in actual physical control of a motor
| 11 |
| vehicle on any highway of this State at a time when such | 12 |
| person's driver's
license, permit or privilege to do so or the | 13 |
| privilege to obtain a driver's
license or permit is revoked or | 14 |
| suspended as provided by this Code or the law
of another state, | 15 |
| except as may be specifically allowed by a judicial driving
| 16 |
| permit issued prior to January 1, 2009, monitoring device | 17 |
| driving permit, family financial responsibility driving | 18 |
| permit, probationary
license to drive, or a restricted driving | 19 |
| permit issued pursuant to this Code
or under the law of another | 20 |
| state, shall be guilty of a Class A misdemeanor.
| 21 |
| (a-5) Any person who violates this Section as provided in | 22 |
| subsection (a) while his or her driver's license, permit or | 23 |
| privilege is revoked because of a violation of Section 9-3 of | 24 |
| the Criminal Code of 1961, relating to the offense of reckless | 25 |
| homicide or a similar provision of a law of another state, is |
|
|
|
HB2490 Engrossed |
- 11 - |
LRB096 09113 AJT 19257 b |
|
| 1 |
| guilty of a Class 4 felony. The person shall be required to | 2 |
| undergo a professional evaluation, as provided in Section | 3 |
| 11-501 of this Code, to determine if an alcohol, drug, or | 4 |
| intoxicating compound problem exists and the extent of the | 5 |
| problem, and to undergo the imposition of treatment as | 6 |
| appropriate.
| 7 |
| (b) The Secretary of State upon receiving a report of the | 8 |
| conviction
of any violation indicating a person was operating a | 9 |
| motor vehicle during
the time when said person's driver's | 10 |
| license, permit or privilege was
suspended by the Secretary, by | 11 |
| the appropriate authority of another state,
or pursuant to | 12 |
| Section 11-501.1; except as may
be specifically allowed by a | 13 |
| probationary license to drive, judicial
driving permit issued | 14 |
| prior to January 1, 2009, monitoring device driving permit, or | 15 |
| restricted driving permit issued pursuant to this Code or
the | 16 |
| law of another state;
shall extend the suspension for the same | 17 |
| period of time as the originally
imposed suspension; however, | 18 |
| if the period of suspension has then expired,
the Secretary | 19 |
| shall be authorized to suspend said person's driving
privileges | 20 |
| for the same period of time as the originally imposed
| 21 |
| suspension. | 22 |
| (b-3) When the Secretary of State receives a report of a | 23 |
| conviction of any violation indicating that a
vehicle was | 24 |
| operated during the time when the person's driver's license,
| 25 |
| permit or privilege was revoked, except as may be allowed by a | 26 |
| restricted
driving permit issued pursuant to this Code or the |
|
|
|
HB2490 Engrossed |
- 12 - |
LRB096 09113 AJT 19257 b |
|
| 1 |
| law of another state,
the Secretary shall not issue
a driver's | 2 |
| license to that person for an additional period of one year | 3 |
| from the date of
such conviction.
| 4 |
| (b-4) When the Secretary of State receives a report of a | 5 |
| conviction of any violation indicating a person was operating a | 6 |
| motor vehicle that was not equipped with an ignition interlock | 7 |
| device during a time when the person was prohibited from | 8 |
| operating a motor vehicle not equipped with such a device, the | 9 |
| Secretary shall not issue a driver's license to that person for | 10 |
| an additional period of one year from the date of the | 11 |
| conviction.
| 12 |
| (b-5) Any person convicted of violating this Section shall | 13 |
| serve a minimum
term of imprisonment of 30 consecutive days or | 14 |
| 300
hours of community service
when the person's driving | 15 |
| privilege was revoked or suspended as a result of a violation | 16 |
| of Section 9-3 of the Criminal Code of 1961, as amended,
| 17 |
| relating to the offense of reckless homicide, or a similar | 18 |
| provision of a law of another state.
| 19 |
| (c) Except as provided in subsections (c-3) and (c-4), any | 20 |
| person convicted of violating this Section shall serve a | 21 |
| minimum
term of imprisonment of 10 consecutive days or 30
days | 22 |
| of community service
when the person's driving privilege was | 23 |
| revoked or suspended as a result of:
| 24 |
| (1) a violation of Section 11-501 of this Code or a | 25 |
| similar provision
of a local ordinance relating to the | 26 |
| offense of operating or being in physical
control of a |
|
|
|
HB2490 Engrossed |
- 13 - |
LRB096 09113 AJT 19257 b |
|
| 1 |
| vehicle while under the influence of alcohol, any other | 2 |
| drug
or any combination thereof; or
| 3 |
| (2) a violation of paragraph (b) of Section 11-401 of | 4 |
| this Code or a
similar provision of a local ordinance | 5 |
| relating to the offense of leaving the
scene of a motor | 6 |
| vehicle accident involving personal injury or death; or
| 7 |
| (3)
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 sentence.
| 11 |
| (c-1) Except as provided in subsections (c-5) and (d), any | 12 |
| person convicted of a
second violation of this Section shall be | 13 |
| ordered by the court to serve a
minimum
of 100 hours of | 14 |
| community service.
| 15 |
| (c-2) In addition to other penalties imposed under this | 16 |
| Section, the
court may impose on any person convicted a fourth | 17 |
| time of violating this
Section any of
the following:
| 18 |
| (1) Seizure of the license plates of the person's | 19 |
| vehicle.
| 20 |
| (2) Immobilization of the person's vehicle for a period | 21 |
| of time
to be determined by the court.
| 22 |
| (c-3) Any person convicted of a violation of this Section | 23 |
| during a period of summary suspension imposed pursuant to | 24 |
| Section 11-501.1 when the person was eligible for a MDDP shall | 25 |
| be guilty of a Class 4 felony and shall serve a minimum term of | 26 |
| imprisonment of 30 days. |
|
|
|
HB2490 Engrossed |
- 14 - |
LRB096 09113 AJT 19257 b |
|
| 1 |
| (c-4) Any person who has been issued a MDDP and who is | 2 |
| convicted of a violation of this Section as a result of | 3 |
| operating or being in actual physical control of a motor | 4 |
| vehicle not equipped with an ignition interlock device at the | 5 |
| time of the offense shall be guilty of a Class 4 felony and | 6 |
| shall serve a minimum term of imprisonment of 30 days.
| 7 |
| (c-5) Any person convicted of a second violation of this
| 8 |
| Section is guilty of a Class 2 felony, is not eligible for | 9 |
| probation or conditional discharge, and shall serve a mandatory | 10 |
| term of
imprisonment, if the
revocation or
suspension was for a | 11 |
| violation of Section 9-3 of the Criminal Code of 1961, relating
| 12 |
| to the offense of reckless homicide, or a similar out-of-state | 13 |
| offense.
| 14 |
| (d) Any person convicted of a second violation of this
| 15 |
| Section shall be guilty of a Class 4 felony and shall serve a | 16 |
| minimum term of
imprisonment of 30 days or 300 hours of | 17 |
| community service, as determined by the
court, if the original
| 18 |
| revocation or
suspension was for a violation of Section 11-401 | 19 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 20 |
| similar provision of a local
ordinance, or a
statutory summary | 21 |
| suspension under Section 11-501.1 of this Code.
| 22 |
| (d-1) Except as provided in subsections (d-2), (d-2.5), and | 23 |
| (d-3), any
person convicted of
a third or subsequent violation | 24 |
| of this Section shall serve a minimum term of
imprisonment of | 25 |
| 30 days or 300 hours of community service, as determined by the
| 26 |
| court.
|
|
|
|
HB2490 Engrossed |
- 15 - |
LRB096 09113 AJT 19257 b |
|
| 1 |
| (d-2) Any person convicted of a third violation of this
| 2 |
| Section is guilty of a Class 4 felony and must serve a minimum | 3 |
| term of
imprisonment of 30 days if the revocation or
suspension | 4 |
| was for a violation of Section 11-401 or 11-501 of this Code,
| 5 |
| or a similar out-of-state offense, or a similar provision of a | 6 |
| local
ordinance, or a
statutory summary suspension under | 7 |
| Section 11-501.1 of this Code.
| 8 |
| (d-2.5) Any person convicted of a third violation of this
| 9 |
| Section is guilty of a Class 1 felony, is not eligible for | 10 |
| probation or conditional discharge, and must serve a mandatory | 11 |
| term of
imprisonment if the revocation or
suspension was for a | 12 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 13 |
| to the offense of reckless homicide, or a similar out-of-state | 14 |
| offense.
| 15 |
| (d-3) Any person convicted of a fourth, fifth, sixth, | 16 |
| seventh, eighth, or ninth violation of this
Section is guilty | 17 |
| of a Class 4 felony and must serve a minimum term of
| 18 |
| imprisonment of 180 days if the revocation or suspension was | 19 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 20 |
| similar out-of-state
offense, or a similar provision of a local | 21 |
| ordinance , or a statutory
summary suspension under Section | 22 |
| 11-501.1 of this Code .
| 23 |
| (d-3.3) Any person convicted of a fourth, fifth, sixth, | 24 |
| seventh, eighth, or ninth violation of this
Section is guilty | 25 |
| of a Class 4 felony and must serve a minimum term of
| 26 |
| imprisonment of 180 days or serve a minimum of 60 days and |
|
|
|
HB2490 Engrossed |
- 16 - |
LRB096 09113 AJT 19257 b |
|
| 1 |
| abstain from consuming alcohol while wearing a continuous | 2 |
| alcohol monitoring device to verify compliance for 270 days | 3 |
| after imprisonment if the revocation or suspension was for a
| 4 |
| violation of Section 11-501 of this Code, or a similar | 5 |
| out-of-state
offense, or a similar provision of a local | 6 |
| ordinance, or a statutory
summary suspension under Section | 7 |
| 11-501.1 of this Code. | 8 |
| (d-3.5) Any person convicted of a fourth or subsequent | 9 |
| violation of this
Section is guilty of a Class 1 felony, is not | 10 |
| eligible for probation or conditional discharge, and must serve | 11 |
| a mandatory term of
imprisonment, and is eligible for an | 12 |
| extended term, if the revocation or suspension was for a
| 13 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 14 |
| to the offense of reckless homicide, or a similar out-of-state | 15 |
| offense.
| 16 |
| (d-4) Any person convicted of a tenth, eleventh, twelfth, | 17 |
| thirteenth, or fourteenth violation of this Section is guilty | 18 |
| of a Class 3 felony, and is not eligible for probation or | 19 |
| conditional discharge, if the revocation or suspension was for | 20 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 21 |
| similar out-of-state offense, or a similar provision of a local | 22 |
| ordinance , or a statutory summary suspension under Section | 23 |
| 11-501.1 of this Code . | 24 |
| (d-4.5) Any person convicted of a tenth, eleventh, twelfth, | 25 |
| thirteenth, or fourteenth violation of this Section is guilty | 26 |
| of a Class 3 felony, and is not eligible for probation or |
|
|
|
HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
|
| 1 |
| conditional discharge, if the revocation or suspension was for | 2 |
| a violation of Section 11-501 of this Code, or a similar | 3 |
| out-of-state offense, or a similar provision of a local | 4 |
| ordinance, or a statutory summary suspension under Section | 5 |
| 11-501.1 of this Code. Upon release, the person shall abstain | 6 |
| from consuming alcohol and wear a continuous alcohol monitoring | 7 |
| device to verify compliance for 365 days after imprisonment. | 8 |
| (d-5) Any person convicted of a fifteenth or subsequent | 9 |
| violation of this Section is guilty of a Class 2 felony, and is | 10 |
| not eligible for probation or conditional discharge, if the | 11 |
| revocation or suspension was for a violation of Section 11-401 | 12 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 13 |
| similar provision of a local ordinance , or a statutory summary | 14 |
| suspension under Section 11-501.1 of this Code .
| 15 |
| (d-7) Any person convicted of a fifteenth or subsequent | 16 |
| violation of this Section is guilty of a Class 2 felony, and is | 17 |
| not eligible for probation or conditional discharge, if the | 18 |
| revocation or suspension was for a violation of Section 11-501 | 19 |
| of this Code, or a similar out-of-state offense, or a similar | 20 |
| provision of a local ordinance, or a statutory summary | 21 |
| suspension under Section 11-501.1 of this Code. Upon release, | 22 |
| the person shall abstain from consuming alcohol and wear a | 23 |
| continuous alcohol monitoring device to verify compliance for | 24 |
| 365 days after imprisonment. | 25 |
| (e) Any person in violation of this Section who is also in | 26 |
| violation of
Section 7-601 of this Code relating to mandatory |
|
|
|
HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
|
| 1 |
| insurance requirements, in
addition to other penalties imposed | 2 |
| under this Section, shall have his or her
motor vehicle | 3 |
| immediately impounded by the arresting law enforcement | 4 |
| officer.
The motor vehicle may be released to any licensed | 5 |
| driver upon a showing of
proof of insurance for the vehicle | 6 |
| that was impounded and the notarized written
consent for the | 7 |
| release by the vehicle owner.
| 8 |
| (f) For any prosecution under this Section, a certified | 9 |
| copy of the
driving abstract of the defendant shall be admitted | 10 |
| as proof of any prior
conviction.
| 11 |
| (g) The motor vehicle used in a violation of this Section | 12 |
| is subject
to seizure and forfeiture as provided in Sections | 13 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 14 |
| driving privilege was revoked
or suspended as a result of a | 15 |
| violation listed in paragraph (1), (2), or
(3) of subsection | 16 |
| (c) of this Section or as a result of a summary
suspension as | 17 |
| provided in paragraph (4) of subsection (c) of this
Section.
| 18 |
| (h) For the purposes of this Section, "continuous alcohol | 19 |
| monitoring device" means a device that automatically tests | 20 |
| breath, blood, or transdermal alcohol concentration levels at | 21 |
| least once every hour and detects tamper attempts, regardless | 22 |
| of the location of the person who is being monitored, and | 23 |
| regularly transmits such data. A person required to wear a | 24 |
| continuous alcohol monitoring device under this Section is | 25 |
| responsible for all costs of the device. | 26 |
| (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377, |
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|
|
HB2490 Engrossed |
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LRB096 09113 AJT 19257 b |
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| 1 |
| eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, | 2 |
| eff. 8-21-08; 95-991, eff. 6-1-09.)
| 3 |
| Section 95. No acceleration or delay. Where this Act makes | 4 |
| changes in a statute that is represented in this Act by text | 5 |
| that is not yet or no longer in effect (for example, a Section | 6 |
| represented by multiple versions), the use of that text does | 7 |
| not accelerate or delay the taking effect of (i) the changes | 8 |
| made by this Act or (ii) provisions derived from any other | 9 |
| Public Act.
|
|