Bill Amendment: IL SB1885 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VEH CD-PUBLIC SCHOOL HIGHWAYS
Status: 2015-09-03 - Bill Dead - Amendatory Veto [SB1885 Detail]
Download: Illinois-2015-SB1885-House_Amendment_001.html
Bill Title: VEH CD-PUBLIC SCHOOL HIGHWAYS
Status: 2015-09-03 - Bill Dead - Amendatory Veto [SB1885 Detail]
Download: Illinois-2015-SB1885-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1885
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2 | AMENDMENT NO. ______. Amend Senate Bill 1885 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 1-126.1, 6-102, 6-303, and 11-1414 as | ||||||
6 | follows:
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7 | (625 ILCS 5/1-126.1)
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8 | Sec. 1-126.1. Highway Designations. The Department of | ||||||
9 | Transportation may
designate streets
or
highways in the system | ||||||
10 | of State highways as follows:
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11 | (a) Class I highways include interstate highways, | ||||||
12 | expressways, tollways,
and other
highways deemed | ||||||
13 | appropriate by the department.
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14 | (b) Class II highways include major arterials not built | ||||||
15 | to interstate
highway standards that have at least 11 feet | ||||||
16 | lane widths.
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1 | (c) Class III highways include those State highways | ||||||
2 | that have lane widths
of less than 11 feet.
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3 | (d) Non-designated highways are highways in the system | ||||||
4 | of State highways
not designated as Class I, II, or III, or | ||||||
5 | local highways which are part of any
county,
township, | ||||||
6 | municipal, or district road system , including highways on | ||||||
7 | public school property . Local authorities also may
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8 | designate
Class II or Class III highways within their | ||||||
9 | systems of highways.
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10 | (Source: P.A. 92-417, eff. 1-1-02.)
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11 | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
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12 | Sec. 6-102. What persons are exempt. The following persons | ||||||
13 | are exempt
from the requirements of Section 6-101 and are not | ||||||
14 | required to have an
Illinois drivers license or permit if one | ||||||
15 | or more of the following
qualifying exemptions are met and | ||||||
16 | apply:
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17 | 1. Any employee of the United States Government or any | ||||||
18 | member of the
Armed Forces of the United States, while | ||||||
19 | operating a motor vehicle owned by
or leased to the United | ||||||
20 | States Government and being operated on official
business | ||||||
21 | need not be licensed;
| ||||||
22 | 2. A nonresident who has in his immediate possession a | ||||||
23 | valid license issued
to him in his home state or country | ||||||
24 | may operate a motor vehicle for which
he is licensed for | ||||||
25 | the period during which he is in this State;
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| |||||||
1 | 3. A nonresident and his spouse and children living | ||||||
2 | with him who is a
student at a college or university in | ||||||
3 | Illinois who have a valid license
issued by their home | ||||||
4 | State.
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5 | 4. A person operating a road machine temporarily upon a | ||||||
6 | highway or
operating a farm tractor between the home farm | ||||||
7 | buildings and any adjacent
or nearby farm land for the | ||||||
8 | exclusive purpose of conducting farm operations
need not be | ||||||
9 | licensed as a driver.
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10 | 5. A resident of this State who has been serving as a | ||||||
11 | member of the
Armed Forces of the United States outside the | ||||||
12 | Continental limits of the
United States, for a period of | ||||||
13 | 120 days following his return to the
continental limits of | ||||||
14 | the United States.
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15 | 6. A nonresident on active duty in the Armed Forces of | ||||||
16 | the United States
who has a valid license issued by his | ||||||
17 | home state and such nonresident's
spouse, and dependent | ||||||
18 | children and living with parents, who have a valid
license | ||||||
19 | issued by their home state.
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20 | 7. A nonresident who becomes a resident of this State, | ||||||
21 | may for a period of
the first 90 days of residence in | ||||||
22 | Illinois operate any motor vehicle which
he was qualified | ||||||
23 | or licensed to drive by his home state or country so long
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24 | as he has in his possession, a valid and current license | ||||||
25 | issued to him by
his home state or country. Upon expiration | ||||||
26 | of such 90 day period, such new
resident must comply with |
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1 | the provisions of this Act and apply for an
Illinois | ||||||
2 | license or permit.
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3 | 8. An engineer, conductor, brakeman, or any other | ||||||
4 | member of the crew
of a locomotive or train being operated | ||||||
5 | upon rails, including operation on
a railroad crossing over | ||||||
6 | a public street, road or highway. Such person is
not | ||||||
7 | required to display a driver's license to any law | ||||||
8 | enforcement officer
in connection with the operation of a | ||||||
9 | locomotive or train within this State.
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10 | The provisions of this Section granting exemption to any | ||||||
11 | nonresident
shall be operative to the same extent that the laws | ||||||
12 | of the State or country
of such nonresident grant like | ||||||
13 | exemption to residents of this State.
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14 | The Secretary of State may implement the exemption | ||||||
15 | provisions of this
Section by inclusion thereof in a | ||||||
16 | reciprocity agreement, arrangement or
declaration issued | ||||||
17 | pursuant to this Act.
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18 | (Source: P.A. 96-607, eff. 8-24-09; 97-835, eff. 7-20-12.)
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19 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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20 | Sec. 6-303. Driving while driver's license, permit or | ||||||
21 | privilege to
operate a motor vehicle is suspended or revoked.
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22 | (a) Except as otherwise provided in subsection (a-5), and | ||||||
23 | except as exempted under subsection 4 of Section 6-102 of this | ||||||
24 | Code, any person who drives or is in actual physical control of | ||||||
25 | a motor
vehicle on any highway of this State at a time when |
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1 | such person's driver's
license, permit or privilege to do so or | ||||||
2 | the privilege to obtain a driver's
license or permit is revoked | ||||||
3 | or suspended as provided by this Code or the law
of another | ||||||
4 | state, except as may be specifically allowed by a judicial | ||||||
5 | driving
permit issued prior to January 1, 2009, monitoring | ||||||
6 | device driving permit, family financial responsibility driving | ||||||
7 | permit, probationary
license to drive, or a restricted driving | ||||||
8 | permit issued pursuant to this Code
or under the law of another | ||||||
9 | state, shall be guilty of a Class A misdemeanor.
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10 | (a-3) A second or subsequent violation of subsection (a) of | ||||||
11 | this Section is a Class 4 felony if committed by a person whose | ||||||
12 | driving or operation of a motor vehicle is the proximate cause | ||||||
13 | of a motor vehicle accident that causes personal injury or | ||||||
14 | death to another. For purposes of this subsection, a personal | ||||||
15 | injury includes any Type A injury as indicated on the traffic | ||||||
16 | accident report completed by a law enforcement officer that | ||||||
17 | requires immediate professional attention in either a doctor's | ||||||
18 | office or a medical facility. A Type A injury includes severe | ||||||
19 | bleeding wounds, distorted extremities, and injuries that | ||||||
20 | require the injured party to be carried from the scene. | ||||||
21 | (a-5) Any person who violates this Section as provided in | ||||||
22 | subsection (a) while his or her driver's license, permit or | ||||||
23 | privilege is revoked because of a violation of Section 9-3 of | ||||||
24 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
25 | relating to the offense of reckless homicide or a similar | ||||||
26 | provision of a law of another state, is guilty of a Class 4 |
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1 | felony. The person shall be required to undergo a professional | ||||||
2 | evaluation, as provided in Section 11-501 of this Code, to | ||||||
3 | determine if an alcohol, drug, or intoxicating compound problem | ||||||
4 | exists and the extent of the problem, and to undergo the | ||||||
5 | imposition of treatment as appropriate.
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6 | (a-10) A person's driver's license, permit, or privilege to | ||||||
7 | obtain a driver's license or permit may be subject to multiple | ||||||
8 | revocations, multiple suspensions, or any combination of both | ||||||
9 | simultaneously. No revocation or suspension shall serve to | ||||||
10 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
11 | effect of any other revocation or suspension entered prior or | ||||||
12 | subsequent to any other revocation or suspension. | ||||||
13 | (b) (Blank). | ||||||
14 | (b-1) Upon receiving a report of the conviction of any | ||||||
15 | violation indicating a person was operating a motor vehicle | ||||||
16 | during the time when the person's driver's license, permit or | ||||||
17 | privilege was suspended by the Secretary of State or the | ||||||
18 | driver's licensing administrator of another state, except as | ||||||
19 | specifically allowed by a probationary license, judicial | ||||||
20 | driving permit, restricted driving permit or monitoring device | ||||||
21 | driving permit the Secretary shall extend the suspension for | ||||||
22 | the same period of time as the originally imposed suspension | ||||||
23 | unless the suspension has already expired, in which case the | ||||||
24 | Secretary shall be authorized to suspend the person's driving | ||||||
25 | privileges for the same period of time as the originally | ||||||
26 | imposed suspension. |
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1 | (b-2) Except as provided in subsection (b-6), upon | ||||||
2 | receiving a report of the conviction of any violation | ||||||
3 | indicating a person was operating a motor vehicle when the | ||||||
4 | person's driver's license, permit or privilege was revoked by | ||||||
5 | the Secretary of State or the driver's license administrator of | ||||||
6 | any other state, except as specifically allowed by a restricted | ||||||
7 | driving permit issued pursuant to this Code or the law of | ||||||
8 | another state, the Secretary shall not issue a driver's license | ||||||
9 | for an additional period of one year from the date of such | ||||||
10 | conviction indicating such person was operating a vehicle | ||||||
11 | during such period of revocation. | ||||||
12 | (b-3) (Blank).
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13 | (b-4) When the Secretary of State receives a report of a | ||||||
14 | conviction of any violation indicating a person was operating a | ||||||
15 | motor vehicle that was not equipped with an ignition interlock | ||||||
16 | device during a time when the person was prohibited from | ||||||
17 | operating a motor vehicle not equipped with such a device, the | ||||||
18 | Secretary shall not issue a driver's license to that person for | ||||||
19 | an additional period of one year from the date of the | ||||||
20 | conviction.
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21 | (b-5) Any person convicted of violating this Section shall | ||||||
22 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
23 | 300
hours of community service
when the person's driving | ||||||
24 | privilege was revoked or suspended as a result of a violation | ||||||
25 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012,
relating to the offense of reckless homicide, or |
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1 | a similar provision of a law of another state.
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2 | (b-6) Upon receiving a report of a first conviction of | ||||||
3 | operating a motor vehicle while the person's driver's license, | ||||||
4 | permit or privilege was revoked where the revocation was for a | ||||||
5 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 relating to the offense of reckless | ||||||
7 | homicide or a similar out-of-state offense, the Secretary shall | ||||||
8 | not issue a driver's license for an additional period of three | ||||||
9 | years from the date of such conviction. | ||||||
10 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
11 | person convicted of violating this Section shall serve a | ||||||
12 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
13 | of community service
when the person's driving privilege was | ||||||
14 | revoked or suspended as a result of:
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15 | (1) a violation of Section 11-501 of this Code or a | ||||||
16 | similar provision
of a local ordinance relating to the | ||||||
17 | offense of operating or being in physical
control of a | ||||||
18 | vehicle while under the influence of alcohol, any other | ||||||
19 | drug
or any combination thereof; or
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20 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
21 | this Code or a
similar provision of a local ordinance | ||||||
22 | relating to the offense of leaving the
scene of a motor | ||||||
23 | vehicle accident involving personal injury or death; or
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24 | (3)
a statutory summary suspension or revocation under | ||||||
25 | Section 11-501.1 of this
Code.
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26 | Such sentence of imprisonment or community service shall |
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1 | not be subject
to suspension in order to reduce such sentence.
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2 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
3 | person convicted of a
second violation of this Section shall be | ||||||
4 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
5 | community service.
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6 | (c-2) In addition to other penalties imposed under this | ||||||
7 | Section, the
court may impose on any person convicted a fourth | ||||||
8 | time of violating this
Section any of
the following:
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9 | (1) Seizure of the license plates of the person's | ||||||
10 | vehicle.
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11 | (2) Immobilization of the person's vehicle for a period | ||||||
12 | of time
to be determined by the court.
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13 | (c-3) Any person convicted of a violation of this Section | ||||||
14 | during a period of summary suspension imposed pursuant to | ||||||
15 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
16 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
17 | imprisonment of 30 days. | ||||||
18 | (c-4) Any person who has been issued a MDDP and who is | ||||||
19 | convicted of a violation of this Section as a result of | ||||||
20 | operating or being in actual physical control of a motor | ||||||
21 | vehicle not equipped with an ignition interlock device at the | ||||||
22 | time of the offense shall be guilty of a Class 4 felony and | ||||||
23 | shall serve a minimum term of imprisonment of 30 days.
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24 | (c-5) Any person convicted of a second violation of this
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25 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
26 | probation or conditional discharge, and shall serve a mandatory |
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1 | term of
imprisonment, if: | ||||||
2 | (1) the current violation occurred when the person's | ||||||
3 | driver's license was suspended or revoked for a violation | ||||||
4 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
5 | Code of 2012, relating
to the offense of reckless homicide, | ||||||
6 | or a similar out-of-state offense; and | ||||||
7 | (2) the prior conviction under this Section occurred | ||||||
8 | while the person's driver's license was suspended or | ||||||
9 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
11 | offense of reckless homicide, or a similar out-of-state | ||||||
12 | offense, or was suspended or revoked for a violation of | ||||||
13 | Section 11-401 or 11-501 of this Code, a similar | ||||||
14 | out-of-state offense, a similar provision of a local | ||||||
15 | ordinance, or a statutory summary suspension or revocation | ||||||
16 | under Section 11-501.1 of this Code.
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17 | (d) Any person convicted of a second violation of this
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18 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
19 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
20 | community service, as determined by the
court, if: | ||||||
21 | (1) the current violation occurred when the person's | ||||||
22 | driver's license was suspended or revoked for a violation | ||||||
23 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
24 | out-of-state offense, a similar provision of a local
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25 | ordinance, or a
statutory summary suspension or revocation | ||||||
26 | under Section 11-501.1 of this Code; and |
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1 | (2) the prior conviction under this Section occurred | ||||||
2 | while the person's driver's license was suspended or | ||||||
3 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
4 | Code, a similar out-of-state offense, a similar provision | ||||||
5 | of a local ordinance, or a statutory summary suspension or | ||||||
6 | revocation under Section 11-501.1 of this Code, or for a | ||||||
7 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
8 | the Criminal Code of 2012, relating to the offense of | ||||||
9 | reckless homicide, or a similar out-of-state offense.
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10 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
11 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
12 | of this Section shall serve a minimum term of
imprisonment of | ||||||
13 | 30 days or 300 hours of community service, as determined by the
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14 | court.
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15 | (d-2) Any person convicted of a third violation of this
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16 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
17 | term of
imprisonment of 30 days, if: | ||||||
18 | (1) the current violation occurred when the person's | ||||||
19 | driver's license was suspended or revoked for a violation | ||||||
20 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
21 | out-of-state offense, or a similar provision of a local
| ||||||
22 | ordinance, or a
statutory summary suspension or revocation | ||||||
23 | under Section 11-501.1 of this Code; and | ||||||
24 | (2) the prior convictions under this Section occurred | ||||||
25 | while the person's driver's license was suspended or | ||||||
26 | revoked for a violation of Section 11-401 or 11-501 of this |
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1 | Code, a similar out-of-state offense, a similar provision | ||||||
2 | of a local ordinance, or a statutory summary suspension or | ||||||
3 | revocation under Section 11-501.1 of this Code, or for a | ||||||
4 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012, relating to the offense of | ||||||
6 | reckless homicide, or a similar out-of-state offense.
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7 | (d-2.5) Any person convicted of a third violation of this
| ||||||
8 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
9 | probation or conditional discharge, and must serve a mandatory | ||||||
10 | term of
imprisonment, if: | ||||||
11 | (1) the current violation occurred while the person's | ||||||
12 | driver's license was suspended or revoked for a violation | ||||||
13 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012, relating to the offense of reckless homicide, | ||||||
15 | or a similar out-of-state offense.
The person's driving | ||||||
16 | privileges shall be revoked for the remainder of the | ||||||
17 | person's life; and | ||||||
18 | (2) the prior convictions under this Section occurred | ||||||
19 | while the person's driver's license was suspended or | ||||||
20 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
21 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
22 | offense of reckless homicide, or a similar out-of-state | ||||||
23 | offense, or was suspended or revoked for a violation of | ||||||
24 | Section 11-401 or 11-501 of this Code, a similar | ||||||
25 | out-of-state offense, a similar provision of a local | ||||||
26 | ordinance, or a statutory summary suspension or revocation |
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1 | under Section 11-501.1 of this Code. | ||||||
2 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
3 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
4 | of a Class 4 felony and must serve a minimum term of
| ||||||
5 | imprisonment of 180 days, if: | ||||||
6 | (1) the current violation occurred when the person's | ||||||
7 | driver's license was suspended or revoked for a
violation | ||||||
8 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
9 | out-of-state
offense, a similar provision of a local | ||||||
10 | ordinance, or a statutory
summary suspension or revocation | ||||||
11 | under Section 11-501.1 of this Code; and | ||||||
12 | (2) the prior convictions under this Section occurred | ||||||
13 | while the person's driver's license was suspended or | ||||||
14 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
15 | Code, a similar out-of-state offense, a similar provision | ||||||
16 | of a local ordinance, or a statutory summary suspension or | ||||||
17 | revocation under Section 11-501.1 of this Code, or for a | ||||||
18 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012, relating to the offense of | ||||||
20 | reckless homicide, or a similar out-of-state offense.
| ||||||
21 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
22 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
23 | eligible for probation or conditional discharge, and must serve | ||||||
24 | a mandatory term of
imprisonment, and is eligible for an | ||||||
25 | extended term, if: | ||||||
26 | (1) the current violation occurred when the person's |
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| |||||||
1 | driver's license was suspended or revoked for a
violation | ||||||
2 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012, relating to the offense of reckless homicide, | ||||||
4 | or a similar out-of-state offense; and | ||||||
5 | (2) the prior convictions under this Section occurred | ||||||
6 | while the person's driver's license was suspended or | ||||||
7 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
8 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
9 | offense of reckless homicide, or a similar out-of-state | ||||||
10 | offense, or was suspended or revoked for a violation of | ||||||
11 | Section 11-401 or 11-501 of this Code, a similar | ||||||
12 | out-of-state offense, a similar provision of a local | ||||||
13 | ordinance, or a statutory summary suspension or revocation | ||||||
14 | under Section 11-501.1 of this Code.
| ||||||
15 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
16 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
17 | of a Class 3 felony, and is not eligible for probation or | ||||||
18 | conditional discharge, if: | ||||||
19 | (1) the current violation occurred when the person's | ||||||
20 | driver's license was suspended or revoked for a violation | ||||||
21 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
22 | out-of-state offense, or a similar provision of a local | ||||||
23 | ordinance, or a statutory summary suspension or revocation | ||||||
24 | under Section 11-501.1 of this Code; and | ||||||
25 | (2) the prior convictions under this Section occurred | ||||||
26 | while the person's driver's license was suspended or |
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| |||||||
1 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
2 | Code, a similar out-of-state offense, a similar provision | ||||||
3 | of a local ordinance, or a statutory suspension or | ||||||
4 | revocation under Section 11-501.1 of this Code, or for a | ||||||
5 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012, relating to the offense of | ||||||
7 | reckless homicide, or a similar out-of-state offense. | ||||||
8 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
9 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
10 | not eligible for probation or conditional discharge, if: | ||||||
11 | (1) the current violation occurred when the person's | ||||||
12 | driver's license was suspended or revoked for a violation | ||||||
13 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
14 | out-of-state offense, or a similar provision of a local | ||||||
15 | ordinance, or a statutory summary suspension or revocation | ||||||
16 | under Section 11-501.1 of this Code; and | ||||||
17 | (2) the prior convictions under this Section occurred | ||||||
18 | while the person's driver's license was suspended or | ||||||
19 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
20 | Code, a similar out-of-state offense, a similar provision | ||||||
21 | of a local ordinance, or a statutory summary suspension or | ||||||
22 | revocation under Section 11-501.1 of this Code, or for a | ||||||
23 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012, relating to the offense of | ||||||
25 | reckless homicide, or a similar out-of-state offense.
| ||||||
26 | (e) Any person in violation of this Section who is also in |
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| |||||||
1 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
2 | insurance requirements, in
addition to other penalties imposed | ||||||
3 | under this Section, shall have his or her
motor vehicle | ||||||
4 | immediately impounded by the arresting law enforcement | ||||||
5 | officer.
The motor vehicle may be released to any licensed | ||||||
6 | driver upon a showing of
proof of insurance for the vehicle | ||||||
7 | that was impounded and the notarized written
consent for the | ||||||
8 | release by the vehicle owner.
| ||||||
9 | (f) For any prosecution under this Section, a certified | ||||||
10 | copy of the
driving abstract of the defendant shall be admitted | ||||||
11 | as proof of any prior
conviction.
| ||||||
12 | (g) The motor vehicle used in a violation of this Section | ||||||
13 | is subject
to seizure and forfeiture as provided in Sections | ||||||
14 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
15 | driving privilege was revoked
or suspended as a result of: | ||||||
16 | (1) a violation of Section 11-501 of this Code, a | ||||||
17 | similar provision
of a local ordinance, or a similar | ||||||
18 | provision of a law of another state; | ||||||
19 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
20 | this Code, a
similar provision of a local ordinance, or a | ||||||
21 | similar provision of a law of another state; | ||||||
22 | (3) a statutory summary suspension or revocation under | ||||||
23 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
24 | law of another state; or | ||||||
25 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
26 | 1961 or the Criminal Code of 2012 relating to the offense |
| |||||||
| |||||||
1 | of reckless homicide, or a similar provision of a law of | ||||||
2 | another state.
| ||||||
3 | (Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
4 | 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff. | ||||||
5 | 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
6 | (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
| ||||||
7 | Sec. 11-1414. Approaching, overtaking, and passing school | ||||||
8 | bus.
| ||||||
9 | (a) The driver of a vehicle shall stop such vehicle before | ||||||
10 | meeting or
overtaking, from either direction, any school bus | ||||||
11 | stopped at any location , including highways on public school | ||||||
12 | property, for
the purpose of receiving or discharging pupils. | ||||||
13 | Such stop is required before
reaching the school bus when there | ||||||
14 | is in operation on the school
bus the visual signals as | ||||||
15 | specified in Sections 12-803 and 12-805 of this
Code. The | ||||||
16 | driver of the vehicle shall not proceed until the
school bus | ||||||
17 | resumes motion or the driver of the vehicle is signaled by the
| ||||||
18 | school bus driver to proceed or the visual signals are no | ||||||
19 | longer actuated.
| ||||||
20 | (b) The stop signal arm required by Section 12-803 of this | ||||||
21 | Code shall
be extended after the school bus has come to a | ||||||
22 | complete stop for the purpose of
loading or discharging pupils | ||||||
23 | and shall be closed before the school bus
is placed in motion | ||||||
24 | again. The stop signal arm shall
not be extended at any other | ||||||
25 | time.
|
| |||||||
| |||||||
1 | (c) The alternately flashing red signal lamps of an
8-lamp | ||||||
2 | flashing signal system required by Section 12-805 of this Code
| ||||||
3 | shall be actuated after the school bus has come to a complete | ||||||
4 | stop for the
purpose of
loading or discharging pupils and shall | ||||||
5 | be turned off before
the school bus is placed in motion again. | ||||||
6 | The red signal
lamps shall not be actuated at any other time
| ||||||
7 | except as provided in paragraph (d) of this Section.
| ||||||
8 | (d) The alternately flashing amber signal lamps of an | ||||||
9 | 8-lamp
flashing signal system required by Section 12-805 of | ||||||
10 | this
Code shall be actuated continuously during not less than | ||||||
11 | the last 100
feet traveled by the school bus before stopping | ||||||
12 | for the purpose of loading
or discharging pupils within an | ||||||
13 | urban area and during not less than
the last 200 feet traveled | ||||||
14 | by the school
bus outside an urban area. The amber signal lamps | ||||||
15 | shall remain actuated
until the school
bus is stopped. The | ||||||
16 | amber signal lamps shall not be actuated at any other time.
| ||||||
17 | (d-5) The alternately flashing head lamps permitted by | ||||||
18 | Section 12-805 of
this Code may be operated while the | ||||||
19 | alternately flashing red or amber signal
lamps required by that | ||||||
20 | Section are actuated.
| ||||||
21 | (e) The driver of a vehicle upon a highway having 4 or more | ||||||
22 | lanes which
permits at least 2 lanes of traffic to travel in | ||||||
23 | opposite directions need not
stop such vehicle upon meeting a | ||||||
24 | school bus which is stopped in the opposing
roadway; and need | ||||||
25 | not stop such vehicle when driving upon a controlled access
| ||||||
26 | highway when passing a school bus traveling in either direction |
| |||||||
| |||||||
1 | that is stopped
in a loading zone
adjacent to the surfaced or | ||||||
2 | improved part of the controlled access
highway where | ||||||
3 | pedestrians are not permitted to cross.
| ||||||
4 | (f) Beginning with the effective date of this amendatory | ||||||
5 | Act of 1985,
the Secretary of State shall suspend for a period | ||||||
6 | of 3 months
the driving
privileges of any person convicted of a | ||||||
7 | violation of subsection (a) of this
Section or a similar | ||||||
8 | provision of a local ordinance; the Secretary shall
suspend for | ||||||
9 | a period of one year the driving privileges of any person | ||||||
10 | convicted
of a second or subsequent violation of subsection (a) | ||||||
11 | of this Section or a
similar provision of a local ordinance if | ||||||
12 | the second or subsequent violation
occurs within 5 years of a | ||||||
13 | prior conviction for the same offense. In addition
to the | ||||||
14 | suspensions authorized by this Section, any person convicted of
| ||||||
15 | violating this Section or a similar provision of a local | ||||||
16 | ordinance
shall be subject to a mandatory fine of $150 or, upon | ||||||
17 | a second or subsequent
violation, $500.
The Secretary may also | ||||||
18 | grant, for the duration of any
suspension issued under this | ||||||
19 | subsection, a restricted driving permit
granting the privilege | ||||||
20 | of driving a motor vehicle between the driver's
residence and | ||||||
21 | place of employment or within other proper limits that the
| ||||||
22 | Secretary of State shall find necessary to avoid any undue | ||||||
23 | hardship. A
restricted driving permit issued hereunder shall be | ||||||
24 | subject to
cancellation, revocation and suspension by the | ||||||
25 | Secretary of State in like
manner and for like cause as a | ||||||
26 | driver's license may be cancelled, revoked
or suspended; except |
| |||||||
| |||||||
1 | that a conviction upon one or more offenses against
laws or | ||||||
2 | ordinances regulating the movement of traffic shall be deemed
| ||||||
3 | sufficient cause for the revocation, suspension or | ||||||
4 | cancellation of the
restricted driving permit. The Secretary of | ||||||
5 | State may, as a condition to
the issuance of a restricted | ||||||
6 | driving permit, require the applicant to
participate in a | ||||||
7 | designated driver remedial or rehabilitative program. Any
| ||||||
8 | conviction for a violation of this subsection shall be included | ||||||
9 | as an
offense for the purposes of determining suspension action | ||||||
10 | under any other
provision of this Code, provided however, that | ||||||
11 | the penalties provided under
this subsection shall be imposed | ||||||
12 | unless those penalties imposed under other
applicable | ||||||
13 | provisions are greater.
| ||||||
14 | The owner of any vehicle alleged to have violated paragraph | ||||||
15 | (a) of this
Section shall, upon appropriate demand by the | ||||||
16 | State's Attorney or other
designated person acting in response | ||||||
17 | to a signed complaint, provide
a written statement or | ||||||
18 | deposition identifying the operator of the vehicle
if such | ||||||
19 | operator was not the owner at the time of the alleged | ||||||
20 | violation.
Failure to supply such information shall result in | ||||||
21 | the suspension of the vehicle registration of the vehicle for a | ||||||
22 | period of 3 months. In the event the owner has assigned control | ||||||
23 | for the use
of the vehicle to another, the person to whom | ||||||
24 | control was assigned shall
comply with the provisions of this | ||||||
25 | paragraph and be subject to the same
penalties as herein | ||||||
26 | provided.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-105, eff. 1-1-08; 95-331, eff. 8-21-07.)".
|