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| Public Act 098-0285 | ||||
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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 | ||||
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 | ||||
privilege to
operate a motor vehicle is suspended or revoked.
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(a) Except as otherwise provided in subsection (a-5), any | ||||
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 | ||||
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
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permit issued prior to January 1, 2009, monitoring device | ||||
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.
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(a-3) A second or subsequent violation of subsection (a) of | ||||
this Section is a Class 4 felony if committed by a person whose | ||||
driving or operation of a motor vehicle is the proximate cause | ||||
of a motor vehicle accident that causes personal injury or | ||
death to another. For purposes of this subsection, a personal | ||
injury includes any Type A injury as indicated on the traffic | ||
accident report completed by a law enforcement officer that | ||
requires immediate professional attention in either a doctor's | ||
office or a medical facility. A Type A injury includes severe | ||
bleeding wounds, distorted extremities, and injuries that | ||
require the injured party to be carried from the scene. | ||
(a-5) Any person who violates this Section as provided in | ||
subsection (a) while his or her driver's license, permit or | ||
privilege is revoked because of a violation of Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012, | ||
relating to the offense of reckless homicide or a similar | ||
provision of a law of another state, is guilty of a Class 4 | ||
felony. The person shall be required to undergo a professional | ||
evaluation, as provided in Section 11-501 of this Code, to | ||
determine if an alcohol, drug, or intoxicating compound problem | ||
exists and the extent of the problem, and to undergo the | ||
imposition of treatment as appropriate.
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(b) (Blank). | ||
(b-1) Upon receiving a report of the conviction of any | ||
violation indicating a person was operating a motor vehicle | ||
during the time when the person's driver's license, permit or | ||
privilege was suspended by the Secretary of State or the | ||
driver's licensing administrator of another state, except as | ||
specifically allowed by a probationary license, judicial | ||
driving permit, restricted driving permit or monitoring device | ||
driving permit the Secretary shall extend the suspension for | ||
the same period of time as the originally imposed suspension | ||
unless the suspension has already expired, in which case the | ||
Secretary shall be authorized to suspend the person's driving | ||
privileges for the same period of time as the originally | ||
imposed suspension. | ||
(b-2) Except as provided in subsection (b-6), upon | ||
receiving a report of the conviction of any violation | ||
indicating a person was operating a motor vehicle when the | ||
person's driver's license, permit or privilege was revoked by | ||
the Secretary of State or the driver's license administrator of | ||
any other state, except as specifically 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. | ||
(b-3) (Blank).
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(b-4) When the Secretary of State receives a report of a | ||
conviction of any violation indicating a person was operating a | ||
motor vehicle that was not equipped with an ignition interlock | ||
device during a time when the person was prohibited from | ||
operating a motor vehicle not equipped with such a device, the | ||
Secretary shall not issue a driver's license to that person for | ||
an additional period of one year from the date of the | ||
conviction.
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(b-5) Any person convicted of violating this Section shall | ||
serve a minimum
term of imprisonment of 30 consecutive days or | ||
300
hours of community service
when the person's driving | ||
privilege was revoked or suspended as a result of a violation | ||
of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012,
relating to the offense of reckless homicide, or | ||
a similar provision of a law of another state.
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(b-6) Upon receiving a report of a first conviction of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 relating to the offense of reckless | ||
homicide or a similar out-of-state offense, the Secretary shall | ||
not issue a driver's license for an additional period of three | ||
years from the date of such conviction. | ||
(c) Except as provided in subsections (c-3) and (c-4), 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:
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(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
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(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
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(3)
a statutory summary suspension or revocation under | ||
Section 11-501.1 of this
Code.
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Such sentence of imprisonment or community service shall | ||
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 | ||
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.
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(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:
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(1) Seizure of the license plates of the person's | ||
vehicle.
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(2) Immobilization of the person's vehicle for a period | ||
of time
to be determined by the court.
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(c-3) Any person convicted of a violation of this Section | ||
during a period of summary suspension imposed pursuant to | ||
Section 11-501.1 when the person was eligible for a MDDP shall | ||
be guilty of a Class 4 felony and shall serve a minimum term of | ||
imprisonment of 30 days. | ||
(c-4) Any person who has been issued a MDDP and who is | ||
convicted of a violation of this Section as a result of | ||
operating or being in actual physical control of a motor | ||
vehicle not equipped with an ignition interlock device at the | ||
time of the offense shall be guilty of a Class 4 felony and | ||
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 | ||
probation or conditional discharge, and shall serve a mandatory | ||
term of
imprisonment, if the
revocation or
suspension was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, relating
to the offense of reckless | ||
homicide, or a similar out-of-state 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 | ||
minimum term of
imprisonment of 30 days or 300 hours of | ||
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 | ||
or 11-501 of this Code,
or a similar out-of-state offense, or a | ||
similar provision of a local
ordinance, or a
statutory summary | ||
suspension or revocation 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 | ||
(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
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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 | ||
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,
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or a similar out-of-state offense, or a similar provision of a | ||
local
ordinance, or a
statutory summary suspension or | ||
revocation under 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 | ||
probation or conditional discharge, and must serve a mandatory | ||
term of
imprisonment if the revocation or
suspension was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, relating to the offense of reckless | ||
homicide, or a similar out-of-state offense.
The person's | ||
driving privileges shall be revoked for the remainder of the | ||
person's life. | ||
(d-3) Any person convicted of a fourth, fifth, sixth, | ||
seventh, eighth, or ninth violation of this
Section is guilty | ||
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 | ||
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, or a statutory
summary suspension or revocation | ||
under Section 11-501.1 of this Code.
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(d-3.5) Any person convicted of a fourth or subsequent | ||
violation of this
Section is guilty of a Class 1 felony, is not | ||
eligible for probation or conditional discharge, and must serve | ||
a mandatory term of
imprisonment, and is eligible for an | ||
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 or the | ||
Criminal Code of 2012, relating to the offense of reckless | ||
homicide, or a similar out-of-state offense.
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(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, or a statutory summary suspension or revocation | ||
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, or a statutory summary | ||
suspension or revocation under Section 11-501.1 of this Code.
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(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.
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(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.
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(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 2012 if the person's | ||
driving privilege was revoked
or suspended as a result of: | ||
(1) a violation of Section 11-501 of this Code, a | ||
similar provision
of a local ordinance, or a similar | ||
provision of a law of another state; | ||
(2) a violation of paragraph (b) of Section 11-401 of | ||
this Code, a
similar provision of a local ordinance, or a | ||
similar provision of a law of another state; | ||
(3) a statutory summary suspension or revocation under | ||
Section 11-501.1 of this
Code or a similar provision of a | ||
law of another state; or | ||
(4) a violation of Section 9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 relating to the offense | ||
of reckless homicide, or a similar provision of a law of | ||
another state.
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(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | ||
96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. | ||
1-1-13; 97-1150, eff. 1-25-13.)
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