Bill Text: IL HB0253 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends provisions of the Illinois Vehicle Code making vehicles subject to seizure and forfeiture under specified circumstances. Deletes a reference to a provision that was eliminated from the statutes by Public Act 95-377. Corrects a reference to a provision that was renumbered by Public Act 95-377. Provides that a person's vehicle is subject to seizure and forfeiture when the person is cited for the offense of driving while driving privileges are revoked or suspended, and the person's driving privileges were revoked or suspended due to the offense of reckless homicide.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0502 [HB0253 Detail]
Download: Illinois-2009-HB0253-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 6-303 as follows:
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6 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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7 | (Text of Section after amendment by P.A. 95-991 ) | ||||||
8 | Sec. 6-303. Driving while driver's license, permit or | ||||||
9 | privilege to
operate a motor vehicle is suspended or revoked.
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10 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
11 | person who drives or is in actual physical control of a motor
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12 | vehicle on any highway of this State at a time when such | ||||||
13 | person's driver's
license, permit or privilege to do so or the | ||||||
14 | privilege to obtain a driver's
license or permit is revoked or | ||||||
15 | suspended as provided by this Code or the law
of another state, | ||||||
16 | except as may be specifically allowed by a judicial driving
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17 | permit issued prior to January 1, 2009, monitoring device | ||||||
18 | driving permit, family financial responsibility driving | ||||||
19 | permit, probationary
license to drive, or a restricted driving | ||||||
20 | permit issued pursuant to this Code
or under the law of another | ||||||
21 | state, shall be guilty of a Class A misdemeanor.
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22 | (a-5) Any person who violates this Section as provided in | ||||||
23 | subsection (a) while his or her driver's license, permit or |
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1 | privilege is revoked because of a violation of Section 9-3 of | ||||||
2 | the Criminal Code of 1961, relating to the offense of reckless | ||||||
3 | homicide or a similar provision of a law of another state, is | ||||||
4 | guilty of a Class 4 felony. The person shall be required to | ||||||
5 | undergo a professional evaluation, as provided in Section | ||||||
6 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
7 | intoxicating compound problem exists and the extent of the | ||||||
8 | problem, and to undergo the imposition of treatment as | ||||||
9 | appropriate.
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10 | (b) The Secretary of State upon receiving a report of the | ||||||
11 | conviction
of any violation indicating a person was operating a | ||||||
12 | motor vehicle during
the time when said person's driver's | ||||||
13 | license, permit or privilege was
suspended by the Secretary, by | ||||||
14 | the appropriate authority of another state,
or pursuant to | ||||||
15 | Section 11-501.1; except as may
be specifically allowed by a | ||||||
16 | probationary license to drive, judicial
driving permit issued | ||||||
17 | prior to January 1, 2009, monitoring device driving permit, or | ||||||
18 | restricted driving permit issued pursuant to this Code or
the | ||||||
19 | law of another state;
shall extend the suspension for the same | ||||||
20 | period of time as the originally
imposed suspension; however, | ||||||
21 | if the period of suspension has then expired,
the Secretary | ||||||
22 | shall be authorized to suspend said person's driving
privileges | ||||||
23 | for the same period of time as the originally imposed
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24 | suspension. | ||||||
25 | (b-3) When the Secretary of State receives a report of a | ||||||
26 | conviction of any violation indicating that a
vehicle was |
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1 | operated during the time when the person's driver's license,
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2 | permit or privilege was revoked, except as may be allowed by a | ||||||
3 | restricted
driving permit issued pursuant to this Code or the | ||||||
4 | law of another state,
the Secretary shall not issue
a driver's | ||||||
5 | license to that person for an additional period of one year | ||||||
6 | from the date of
such conviction.
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7 | (b-4) When the Secretary of State receives a report of a | ||||||
8 | conviction of any violation indicating a person was operating a | ||||||
9 | motor vehicle that was not equipped with an ignition interlock | ||||||
10 | device during a time when the person was prohibited from | ||||||
11 | operating a motor vehicle not equipped with such a device, the | ||||||
12 | Secretary shall not issue a driver's license to that person for | ||||||
13 | an additional period of one year from the date of the | ||||||
14 | conviction.
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15 | (b-5) Any person convicted of violating this Section shall | ||||||
16 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
17 | 300
hours of community service
when the person's driving | ||||||
18 | privilege was revoked or suspended as a result of a violation | ||||||
19 | of Section 9-3 of the Criminal Code of 1961, as amended,
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20 | relating to the offense of reckless homicide, or a similar | ||||||
21 | provision of a law of another state.
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22 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
23 | person convicted of violating this Section shall serve a | ||||||
24 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
25 | of community service
when the person's driving privilege was | ||||||
26 | revoked or suspended as a result of:
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1 | (1) a violation of Section 11-501 of this Code or a | ||||||
2 | similar provision
of a local ordinance relating to the | ||||||
3 | offense of operating or being in physical
control of a | ||||||
4 | vehicle while under the influence of alcohol, any other | ||||||
5 | drug
or any combination thereof; or
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6 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
7 | this Code or a
similar provision of a local ordinance | ||||||
8 | relating to the offense of leaving the
scene of a motor | ||||||
9 | vehicle accident involving personal injury or death; or
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10 | (3)
a statutory summary suspension under Section | ||||||
11 | 11-501.1 of this
Code.
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12 | Such sentence of imprisonment or community service shall | ||||||
13 | not be subject
to suspension in order to reduce such sentence.
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14 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
15 | person convicted of a
second violation of this Section shall be | ||||||
16 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
17 | community service.
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18 | (c-2) In addition to other penalties imposed under this | ||||||
19 | Section, the
court may impose on any person convicted a fourth | ||||||
20 | time of violating this
Section any of
the following:
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21 | (1) Seizure of the license plates of the person's | ||||||
22 | vehicle.
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23 | (2) Immobilization of the person's vehicle for a period | ||||||
24 | of time
to be determined by the court.
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25 | (c-3) Any person convicted of a violation of this Section | ||||||
26 | during a period of summary suspension imposed pursuant to |
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1 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
2 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
3 | imprisonment of 30 days. | ||||||
4 | (c-4) Any person who has been issued a MDDP and who is | ||||||
5 | convicted of a violation of this Section as a result of | ||||||
6 | operating or being in actual physical control of a motor | ||||||
7 | vehicle not equipped with an ignition interlock device at the | ||||||
8 | time of the offense shall be guilty of a Class 4 felony and | ||||||
9 | shall serve a minimum term of imprisonment of 30 days.
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10 | (c-5) Any person convicted of a second violation of this
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11 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
12 | probation or conditional discharge, and shall serve a mandatory | ||||||
13 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
14 | violation of Section 9-3 of the Criminal Code of 1961, relating
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15 | to the offense of reckless homicide, or a similar out-of-state | ||||||
16 | offense.
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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 the original
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21 | revocation or
suspension was for a violation of Section 11-401 | ||||||
22 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
23 | similar provision of a local
ordinance, or a
statutory summary | ||||||
24 | suspension under Section 11-501.1 of this Code.
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25 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
26 | (d-3), any
person convicted of
a third or subsequent violation |
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1 | of this Section shall serve a minimum term of
imprisonment of | ||||||
2 | 30 days or 300 hours of community service, as determined by the
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3 | court.
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4 | (d-2) Any person convicted of a third violation of this
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5 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
6 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
7 | was for a violation of Section 11-401 or 11-501 of this Code,
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8 | or a similar out-of-state offense, or a similar provision of a | ||||||
9 | local
ordinance, or a
statutory summary suspension under | ||||||
10 | Section 11-501.1 of this Code.
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11 | (d-2.5) Any person convicted of a third violation of this
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12 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
13 | probation or conditional discharge, and must serve a mandatory | ||||||
14 | term of
imprisonment if the revocation or
suspension was for a | ||||||
15 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
16 | to the offense of reckless homicide, or a similar out-of-state | ||||||
17 | offense.
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18 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
19 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
20 | of a Class 4 felony and must serve a minimum term of
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21 | imprisonment of 180 days if the revocation or suspension was | ||||||
22 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
23 | similar out-of-state
offense, or a similar provision of a local | ||||||
24 | ordinance, or a statutory
summary suspension under Section | ||||||
25 | 11-501.1 of this Code.
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26 | (d-3.5) Any person convicted of a fourth or subsequent |
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1 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
2 | eligible for probation or conditional discharge, and must serve | ||||||
3 | a mandatory term of
imprisonment, and is eligible for an | ||||||
4 | extended term, if the revocation or suspension was for a
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5 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
6 | to the offense of reckless homicide, or a similar out-of-state | ||||||
7 | offense.
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8 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
9 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
10 | of a Class 3 felony, and is not eligible for probation or | ||||||
11 | conditional discharge, if the revocation or suspension was for | ||||||
12 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
13 | similar out-of-state offense, or a similar provision of a local | ||||||
14 | ordinance, or a statutory summary suspension under Section | ||||||
15 | 11-501.1 of this Code. | ||||||
16 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
17 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
18 | not eligible for probation or conditional discharge, if the | ||||||
19 | revocation or suspension was for a violation of Section 11-401 | ||||||
20 | or 11-501 of this Code, or a similar out-of-state offense, or a | ||||||
21 | similar provision of a local ordinance, or a statutory summary | ||||||
22 | suspension under Section 11-501.1 of this Code.
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23 | (e) Any person in violation of this Section who is also in | ||||||
24 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
25 | insurance requirements, in
addition to other penalties imposed | ||||||
26 | under this Section, shall have his or her
motor vehicle |
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1 | immediately impounded by the arresting law enforcement | ||||||
2 | officer.
The motor vehicle may be released to any licensed | ||||||
3 | driver upon a showing of
proof of insurance for the vehicle | ||||||
4 | that was impounded and the notarized written
consent for the | ||||||
5 | release by the vehicle owner.
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6 | (f) For any prosecution under this Section, a certified | ||||||
7 | copy of the
driving abstract of the defendant shall be admitted | ||||||
8 | as proof of any prior
conviction.
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9 | (g) The motor vehicle used in a violation of this Section | ||||||
10 | is subject
to seizure and forfeiture as provided in Sections | ||||||
11 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
12 | driving privilege was revoked
or suspended as a result of a | ||||||
13 | violation listed in paragraph (1) or , (2) , or
(3) of subsection | ||||||
14 | (c) of this Section , or as a result of a summary
suspension as | ||||||
15 | provided in paragraph (3) (4) of subsection (c) of this
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16 | Section , or as a result of a violation of Section 9-3 of the | ||||||
17 | Criminal Code of 1961 relating to the offense of reckless | ||||||
18 | homicide .
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19 | (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377, | ||||||
20 | eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, | ||||||
21 | eff. 8-21-08; 95-991, eff. 6-1-09.)
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