Full Text of HB0657 95th General Assembly
HB0657 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0657
Introduced 2/6/2007, by Rep. Eddie Washington - Chapin Rose SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-303 |
from Ch. 95 1/2, par. 6-303 |
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Amends the Illinois Vehicle Code. Provides that a person convicted a first time of driving while his or her driving privileges are suspended or revoked is guilty of a petty offense (rather than a Class A misdemeanor) if: (i) at the time of the violation, the person's driving privileges under a graduated driver's were suspended because of 2 or more offenses against traffic regulations governing the movement of vehicles within a 24 month period; and (ii) the person successfully completes a driver safety course approved by the Secretary of State of State. Provides that the Secretary shall adopt rules for implementing the new provision.
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A BILL FOR
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HB0657 |
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LRB095 04789 DRH 24849 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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| Sec. 6-303. Driving while driver's license, permit or | 8 |
| privilege to
operate a motor vehicle is suspended or revoked.
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| (a) Except as provided in subsection (a-5), any
Any person | 10 |
| who drives or is in actual physical control of a motor
vehicle | 11 |
| on any highway of this State at a time when such person's | 12 |
| driver's
license, permit or privilege to do so or the privilege | 13 |
| to obtain a driver's
license or permit is revoked or suspended | 14 |
| as provided by this Code or the law
of another state, except as | 15 |
| may be specifically allowed by a judicial driving
permit, | 16 |
| family financial responsibility driving permit, probationary
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| license to drive, or a restricted driving permit issued | 18 |
| pursuant to this Code
or under the law of another state, shall | 19 |
| be guilty of a Class A misdemeanor. | 20 |
| (a-5) A person convicted a first time of violating this | 21 |
| Section is guilty of a petty offense if: (i) at the time of the | 22 |
| violation, the person's driving privileges were suspended | 23 |
| under subdivision (a)36 of Section 6-206 of this Code; and (ii) |
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LRB095 04789 DRH 24849 b |
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| the person successfully completes a driver safety course | 2 |
| approved by the Secretary. The Secretary shall adopt rules for | 3 |
| implementing this subsection (a-5).
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| (b) The Secretary of State upon receiving a report of the | 5 |
| conviction
of any violation indicating a person was operating a | 6 |
| motor vehicle during
the time when said person's driver's | 7 |
| license, permit or privilege was
suspended by the Secretary, by | 8 |
| the appropriate authority of another state,
or pursuant to | 9 |
| Section 11-501.1; except as may
be specifically allowed by a | 10 |
| probationary license to drive, judicial
driving permit or | 11 |
| restricted driving permit issued pursuant to this Code or
the | 12 |
| law of another state;
shall extend the suspension for the same | 13 |
| period of time as the originally
imposed suspension; however, | 14 |
| if the period of suspension has then expired,
the Secretary | 15 |
| shall be authorized to suspend said person's driving
privileges | 16 |
| for the same period of time as the originally imposed
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| suspension; and if the conviction was upon a charge which | 18 |
| indicated that a
vehicle was operated during the time when the | 19 |
| person's driver's license,
permit or privilege was revoked; | 20 |
| except as may be allowed by a restricted
driving permit issued | 21 |
| pursuant to this Code or the law of another state;
the | 22 |
| Secretary shall not issue
a driver's license for an additional | 23 |
| period of one year from the date of
such conviction indicating | 24 |
| such person was operating a vehicle during such
period of | 25 |
| revocation.
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| (c) Any person convicted of violating this Section shall |
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| serve a minimum
term of imprisonment of 10 consecutive days or | 2 |
| 30
days of community service
when the person's driving | 3 |
| privilege was revoked or suspended as a result of:
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| (1) a violation of Section 11-501 of this Code or a | 5 |
| similar provision
of a local ordinance relating to the | 6 |
| offense of operating or being in physical
control of a | 7 |
| vehicle while under the influence of alcohol, any other | 8 |
| drug
or any combination thereof; or
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| (2) a violation of paragraph (b) of Section 11-401 of | 10 |
| this Code or a
similar provision of a local ordinance | 11 |
| relating to the offense of leaving the
scene of a motor | 12 |
| vehicle accident involving personal injury or death; or
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| (3) a violation of Section 9-3 of the Criminal Code of | 14 |
| 1961, as amended,
relating to the offense of reckless | 15 |
| homicide; or
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| (4) a statutory summary suspension under Section | 17 |
| 11-501.1 of this
Code.
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| Such sentence of imprisonment or community service shall | 19 |
| not be subject
to suspension in order to reduce such sentence.
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| (c-1) Except as provided in subsection (d), any person | 21 |
| convicted of a
second violation of this Section shall be | 22 |
| ordered by the court to serve a
minimum
of 100 hours of | 23 |
| community service.
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| (c-2) In addition to other penalties imposed under this | 25 |
| Section, the
court may impose on any person convicted a fourth | 26 |
| time of violating this
Section any of
the following:
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| (1) Seizure of the license plates of the person's | 2 |
| vehicle.
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| (2) Immobilization of the person's vehicle for a period | 4 |
| of time
to be determined by the court.
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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 | 7 |
| minimum term of
imprisonment of 30 days or 300 hours of | 8 |
| community service, as determined by the
court, if the
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| revocation or
suspension was for a violation of Section 11-401 | 10 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 11 |
| similar provision of a local
ordinance, a violation of Section | 12 |
| 9-3 of the Criminal Code of 1961, relating
to the offense of | 13 |
| reckless homicide, or a similar out-of-state offense, or a
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| statutory summary suspension under Section 11-501.1 of this | 15 |
| Code.
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| (d-1) Except as provided in subsection (d-2) and subsection | 17 |
| (d-3), any
person convicted of
a third or subsequent violation | 18 |
| of this Section shall serve a minimum term of
imprisonment of | 19 |
| 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 | 23 |
| term of
imprisonment of 30 days if the revocation or
suspension | 24 |
| 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 | 26 |
| local
ordinance, a violation of Section 9-3 of the Criminal |
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| Code of 1961, relating
to the offense of reckless homicide, or | 2 |
| a similar out-of-state offense, or a
statutory summary | 3 |
| suspension under Section 11-501.1 of this Code.
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| (d-3) Any person convicted of a fourth, fifth, sixth, | 5 |
| seventh, eighth, or ninth violation of this
Section is guilty | 6 |
| 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 | 8 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 9 |
| similar out-of-state
offense, or a similar provision of a local | 10 |
| ordinance, a violation of
Section 9-3 of the Criminal Code of | 11 |
| 1961, relating to the offense of
reckless homicide, or a | 12 |
| similar out-of-state offense, or a statutory
summary | 13 |
| suspension under Section 11-501.1 of this Code.
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| (d-4) Any person convicted of a tenth, eleventh, twelfth, | 15 |
| thirteenth, or fourteenth violation of this Section is guilty | 16 |
| of a Class 3 felony, and is not eligible for probation or | 17 |
| conditional discharge, if the revocation or suspension was for | 18 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 19 |
| similar out-of-state offense, or a similar provision of a local | 20 |
| ordinance, a violation of Section 9-3 of the Criminal Code of | 21 |
| 1961, relating to the offense of reckless homicide, or a | 22 |
| similar out-of-state offense, or a statutory summary | 23 |
| suspension under Section 11-501.1 of this Code. | 24 |
| (d-5) Any person convicted of a fifteenth or subsequent | 25 |
| violation of this Section is guilty of a Class 2 felony, and is | 26 |
| not eligible for probation or conditional discharge, if the |
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| revocation or suspension was for a violation of Section 11-401 | 2 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 3 |
| similar provision of a local ordinance, a violation of Section | 4 |
| 9-3 of the Criminal Code of 1961, relating to the offense of | 5 |
| reckless homicide, or a similar out-of-state offense, or a | 6 |
| statutory summary suspension under Section 11-501.1 of this | 7 |
| Code.
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| (e) Any person in violation of this Section who is also in | 9 |
| violation of
Section 7-601 of this Code relating to mandatory | 10 |
| insurance requirements, in
addition to other penalties imposed | 11 |
| under this Section, shall have his or her
motor vehicle | 12 |
| immediately impounded by the arresting law enforcement | 13 |
| officer.
The motor vehicle may be released to any licensed | 14 |
| driver upon a showing of
proof of insurance for the vehicle | 15 |
| that was impounded and the notarized written
consent for the | 16 |
| release by the vehicle owner.
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| (f) For any prosecution under this Section, a certified | 18 |
| copy of the
driving abstract of the defendant shall be admitted | 19 |
| as proof of any prior
conviction.
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| (g) The motor vehicle used in a violation of this Section | 21 |
| is subject
to seizure and forfeiture as provided in Sections | 22 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 23 |
| driving privilege was revoked
or suspended as a result of a | 24 |
| violation listed in paragraph (1), (2), or
(3) of subsection | 25 |
| (c) of this Section or as a result of a summary
suspension as | 26 |
| provided in paragraph (4) of subsection (c) of this
Section.
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| (Source: P.A. 94-112, eff. 1-1-06.)
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