Public Act 094-0112
 		





HB0888 Enrolled
LRB094 05938 DRH 35993 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 6-303 as follows:
 



    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)



    Sec. 6-303. Driving while driver's license, permit or 
privilege to
operate a motor vehicle is suspended or revoked.

    (a) Any person who drives or is in actual physical control 
of a motor
vehicle on any highway of this State at a time when 
such person's driver's
license, permit or privilege to do so or 
the privilege to obtain a driver's
license or permit is revoked 
or suspended as provided by this Code or the law
of another 
state, except as may be specifically allowed by a judicial 
driving
permit, family financial responsibility driving 
permit, probationary
license to drive, or a restricted driving 
permit issued pursuant to this Code
or under the law of another 
state, shall be guilty of a Class A misdemeanor.

    (b) The Secretary of State upon receiving a report of the 
conviction
of any violation indicating a person was operating a 
motor vehicle during
the time when said person's driver's 
license, permit or privilege was
suspended by the Secretary, by 
the appropriate authority of another state,
or pursuant to 
Section 11-501.1; except as may
be specifically allowed by a 
probationary license to drive, judicial
driving permit or 
restricted driving permit issued pursuant to this Code or
the 
law of another state;
shall extend the suspension for the same 
period of time as the originally
imposed suspension; however, 
if the period of suspension has then expired,
the Secretary 
shall be authorized to suspend said person's driving
privileges 
for the same period of time as the originally imposed

suspension; and if the conviction was upon a charge which 
indicated that a
vehicle was operated during the time when the 
person's driver's license,
permit or privilege was revoked; 
except as may be allowed by a restricted
driving permit issued 
pursuant to this Code or the law of another state;
the 
Secretary shall not issue
a driver's license for an additional 
period of one year from the date of
such conviction indicating 
such person was operating a vehicle during such
period of 
revocation.

    (c) Any person convicted of violating this Section shall 
serve a minimum
term of imprisonment of 10 consecutive days or 
30
days of community service
when the person's driving 
privilege was revoked or suspended as a result of:


        (1) a violation of Section 11-501 of this Code or a 
    similar provision
of a local ordinance relating to the 
    offense of operating or being in physical
control of a 
    vehicle while under the influence of alcohol, any other 
    drug
or any combination thereof; or


        (2) a violation of paragraph (b) of Section 11-401 of 
    this Code or a
similar provision of a local ordinance 
    relating to the offense of leaving the
scene of a motor 
    vehicle accident involving personal injury or death; or


        (3) a violation of Section 9-3 of the Criminal Code of 
    1961, as amended,
relating to the offense of reckless 
    homicide; or


        (4) a statutory summary suspension under Section 
    11-501.1 of this
Code.

    Such sentence of imprisonment or community service shall 
not be subject
to suspension in order to reduce such sentence.

    (c-1) Except as provided in subsection (d), any person 
convicted of a
second violation of this Section shall be 
ordered by the court to serve a
minimum
of 100 hours of 
community service.

    (c-2) In addition to other penalties imposed under this 
Section, the
court may impose on any person convicted a fourth 
time of violating this
Section any of
the following:


        (1) Seizure of the license plates of the person's 
    vehicle.


        (2) Immobilization of the person's vehicle for a period 
    of time
to be determined by the court.

    (d) Any person convicted of a second violation of this

Section shall be guilty of a Class 4 felony and shall serve a 
minimum term of
imprisonment of 30 days or 300 hours of 
community service, as determined by the
court, if the

revocation or
suspension was for a violation of Section 11-401 
or 11-501 of this Code,
or a similar out-of-state offense, or a 
similar provision of a local
ordinance, a violation of Section 
9-3 of the Criminal Code of 1961, relating
to the offense of 
reckless homicide, or a similar out-of-state offense, or a

statutory summary suspension under Section 11-501.1 of this 
Code.

    (d-1) Except as provided in subsection (d-2) and subsection 
(d-3), any
person convicted of
a third or subsequent violation 
of this Section shall serve a minimum term of
imprisonment of 
30 days or 300 hours of community service, as determined by the

court.

    (d-2) Any person convicted of a third violation of this

Section is guilty of a Class 4 felony and must serve a minimum 
term of
imprisonment of 30 days if the revocation or
suspension 
was for a violation of Section 11-401 or 11-501 of this Code,

or a similar out-of-state offense, or a similar provision of a 
local
ordinance, a violation of Section 9-3 of the Criminal 
Code of 1961, relating
to the offense of reckless homicide, or 
a similar out-of-state offense, or a
statutory summary 
suspension under Section 11-501.1 of this Code.

    (d-3) Any person convicted of a fourth, fifth, sixth, 
seventh, eighth, or ninth
or subsequent violation of this

Section is guilty of a Class 4 felony and must serve a minimum 
term of
imprisonment of 180 days if the revocation or 
suspension was for a
violation of Section 11-401 or 11-501 of 
this Code, or a similar out-of-state
offense, or a similar 
provision of a local ordinance, a violation of
Section 9-3 of 
the Criminal Code of 1961, relating to the offense of
reckless 
homicide, or a similar out-of-state offense, or a statutory

summary suspension under Section 11-501.1 of this Code.

    (d-4) Any person convicted of a tenth, eleventh, twelfth, 
thirteenth, or fourteenth violation of this Section is guilty 
of a Class 3 felony, and is not eligible for probation or 
conditional discharge, if the revocation or suspension was for 
a violation of Section 11-401 or 11-501 of this Code, or a 
similar out-of-state offense, or a similar provision of a local 
ordinance, a violation of Section 9-3 of the Criminal Code of 
1961, relating to the offense of reckless homicide, or a 
similar out-of-state offense, or a statutory summary 
suspension under Section 11-501.1 of this Code.
    (d-5) Any person convicted of a fifteenth or subsequent 
violation of this Section is guilty of a Class 2 felony, and is 
not eligible for probation or conditional discharge, if the 
revocation or suspension was for a violation of Section 11-401 
or 11-501 of this Code, or a similar out-of-state offense, or a 
similar provision of a local ordinance, a violation of Section 
9-3 of the Criminal Code of 1961, relating to the offense of 
reckless homicide, or a similar out-of-state offense, or a 
statutory summary suspension under Section 11-501.1 of this 
Code.

    (e) Any person in violation of this Section who is also in 
violation of
Section 7-601 of this Code relating to mandatory 
insurance requirements, in
addition to other penalties imposed 
under this Section, shall have his or her
motor vehicle 
immediately impounded by the arresting law enforcement 
officer.
The motor vehicle may be released to any licensed 
driver upon a showing of
proof of insurance for the vehicle 
that was impounded and the notarized written
consent for the 
release by the vehicle owner.

    (f) For any prosecution under this Section, a certified 
copy of the
driving abstract of the defendant shall be admitted 
as proof of any prior
conviction.

    (g) The motor vehicle used in a violation of this Section 
is subject
to seizure and forfeiture as provided in Sections 
36-1 and 36-2 of the
Criminal Code of 1961 if the person's 
driving privilege was revoked
or suspended as a result of a 
violation listed in paragraph (1), (2), or
(3) of subsection 
(c) of this Section or as a result of a summary
suspension as 
provided in paragraph (4) of subsection (c) of this
Section.

(Source: P.A. 91-692, eff.
4-13-00; 92-340, eff. 8-10-01; 
92-688, eff. 7-16-02.)