90th General Assembly
Summary of HB2306
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House Sponsors:
JOHNSON,TIM-MADIGAN,MJ-MCCARTHY-DART-RIGHTER, WINKEL, 
   BOLAND, JONES,LOU, TENHOUSE, BEAUBIEN, WOJCIK, 
   TURNER,ART, BRADLEY, CURRY,JULIE, 
   ACEVEDO AND LOPEZ.

Senate Sponsors:
MAHAR-SIEBEN-HAWKINSON-CRONIN-WEAVER,S

Short description: 
DUI-INCREASE PENALTY-SEIZE CAR                                             

Synopsis of Bill as introduced:
        Amends the Illinois Vehicle Code and the Criminal Code  of  1961.      
   Increases  the  reinstatement  fee for a person whose license has been      
   suspended or revoked a second or subsequent  time.   Provides  that  a      
   person may not make application for a license after his or her license      
   has  been revoked if the person is convicted of committing a fourth or      
   subsequent violation for driving while under the influence of  alcohol      
   or  drugs  or  driving while a license is suspended or revoked (if the      
   original suspension or revocation was  for  driving  while  under  the      
   influence).    Increases  the  period  of statutory summary alcohol or      
   other drug related suspension for a refusal or failure to  complete  a      
   test to determine alcohol or drug concentration. Increases the penalty      
   for  a person convicted of a third or subsequent violation for driving      
   while a license is suspended or revoked if the original revocation  or      
   suspension was for violating certain offenses.  Provides that a person      
   is  guilty  of  aggravated  driving under the influence if the alcohol      
   concentration in the  person's  blood  or  breath  is  0.25  or  more.      
   Increases  the  penalty for a person who commits a driving while under      
   the influence offense for a fourth or subsequent time.  Provides  that      
   any  vehicle  used  with the knowledge and consent of the owner in the      
   commission of a second or subsequent violation for driving while under      
   the influence or driving while a license is suspended or  revoked  (if      
   the  original suspension or revocation was for driving while under the      
   influence) may be seized and delivered to the  sheriff  if  the  owner      
   knows  that the vehicle is being used in the commission of a violation      
   for driving while under the influence or driving while  a  license  is      
   suspended or revoked.                                                       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          625 ILCS 5/6-208.1                                                   
          625 ILCS 5/6-303                                                     
          625 ILCS 5/11-501                                                    
        Provides that the fee for a driver's license for persons  age  81      
   through  age  86 is $1 (instead of $2).  Provides that the increase in      
   the reinstatement fee for a  person  whose  license  or  privilege  to      
   operate  a  motor  vehicle in this State has been suspended or revoked      
   for a second or subsequent time shall be deposited into the Drunk  and      
   Drugged Driving Prevention Fund.  Removes provisions (i) that increase      
   the  period  of suspension for a refusal or failure to complete a test      
   to determine alcohol or drug concentration,  (ii)  that  increase  the      
   penalty  for a person convicted of a third or subsequent violation for      
   driving while a license is suspended or revoked,  (iii)  that  provide      
   that  a  person is guilty of aggravated driving under the influence if      
   the alcohol concentration is 0.25 or more, and (iv) that increase  the      
   penalty  for  a person who commits a driving while under the influence      
   offense for a fourth or  subsequent  time.   In  the  seizure  of  the      
   vehicle  provisions,  adds  that the vehicle owner must also know that      
   the vehicle may be seized in order for the vehicle to  be  seized  and      
   delivered  to  the  sheriff  and  removes the provision that creates a      
   rebuttable presumption that an owner that is  a  family  or  household      
   member  knows  that  another  family  or household member is using the      
   vehicle in the commission of  a  driving  while  under  the  influence      
   offense or a driving while a license is suspended or revoked offense.       
        HOUSE AMENDMENT NO. 2.                                                 
        Provides that a vehicle that is co-owned by  the  spouse  of  the      
   person  who  is  charged  with a second or subsequent violation of DUI      
   under State law or a similar provision of a local  ordinance  or  with      
   driving  a  vehicle  when  the person's driver's license or permit was      
   revoked or suspended if the original suspension or revocation was  for      
   DUI may not be seized or forfeited.                                         
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          625 ILCS 5/4-203                from Ch. 95 1/2, par. 4-203          
          625 ILCS 5/6-208.1              from Ch. 95 1/2, par. 6-208.1        
          625 ILCS 5/6-303                from Ch. 95 1/2, par. 6-303          
          625 ILCS 5/11-501               from Ch. 95 1/2, par. 11-501         
          730 ILCS 5/5-6-1                from Ch. 38, par. 1005-6-1           
        Deletes  everything.    Amends    the   Illinois   Vehicle   Code      
   DUI-related  provisions. Permits impounding of an arrested intoxicated      
   person's vehicle for up to 12 hours (now  6  hours).   Permits  longer      
   impound  period  for  multiple offenders.  Increases the reinstatement      
   fee for a person whose license has been suspended or revoked a  second      
   or subsequent time for a DUI violation or reckless homicide.  Provides      
   that  a person may not make application for a license after his or her      
   license has been revoked if the person is convicted  of  committing  a      
   fourth or subsequent violation of any of the following:  DUI, reckless      
   homicide,  failure  to  report a death or personal injury accident the      
   person was involved in,  or driving while a license  is  suspended  or      
   revoked  (if  the  original  suspension  or  revocation  was for a DUI      
   violation).  Increases the period  of  statutory  summary  alcohol  or      
   other  drug  related suspension for a refusal or failure to complete a      
   test to determine alcohol or drug concentration. Increases the penalty      
   for a person convicted of a third, fourth, or subsequent violation for      
   driving while a license  is  suspended  or  revoked  if  the  original      
   revocation  or  suspension  was for violating certain offenses. Amends      
   the Criminal Code to permit seizure  and  forfeiture  of  vehicles  of      
   persons  convicted of certain DUI related offenses. Amends the Unified      
   Code of Corrections.  Provides that a person charged  with  driving  a      
   motor  vehicle on a revoked or suspended license shall not be eligible      
   for supervision when the revocation or  suspension  was  for  DUI,  an      
   implied  consent  violation,  failure  to report an accident involving      
   death or personal injury, or reckless homicide if  the  defendant  has      
   within the last 10 years been convicted of or assigned supervision for      
   driving on a revoked or suspended license.                                  
 
Last action on Bill: PUBLIC ACT.............................. 90-0738

   Last action date: 98-08-13

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


   END OF INQUIRY 
                                                                               



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