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 Provides that a person may not make application for a license after his or her license has been revoked if the person is convicted of committing a fourth or subsequent violation for driving while under the influence of alcohol or drugs or driving while a license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 Full Text Bill Status