Bill Text: IL HB3920 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Illinois Vehicle Code. Provides that a person who drives or is in actual physical control of a motor vehicle on any highway of this State when his or her driver's license, permit, or privilege to drive is revoked or suspended due to an unpaid civil penalty shall be guilty of a petty offense (rather than a Class A misdemeanor). Provides that a local law enforcement officer shall issue the person a $50 citation for the violation.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3920 Detail]

Download: Illinois-2017-HB3920-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-303 as follows:
6 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
7 Sec. 6-303. Driving while driver's license, permit or
8privilege to operate a motor vehicle is suspended or revoked.
9 (a) Except as otherwise provided in subsection (a-5) or
10(a-7), any person who drives or is in actual physical control
11of a motor vehicle on any highway of this State at a time when
12such person's driver's license, permit or privilege to do so or
13the privilege to obtain a driver's license or permit is revoked
14or suspended as provided by this Code or the law of another
15state, except as may be specifically allowed by a judicial
16driving permit issued prior to January 1, 2009, monitoring
17device driving permit, family financial responsibility driving
18permit, probationary license to drive, or a restricted driving
19permit issued pursuant to this Code or under the law of another
20state, shall be guilty of a Class A misdemeanor.
21 (a-3) A second or subsequent violation of subsection (a) of
22this Section is a Class 4 felony if committed by a person whose
23driving or operation of a motor vehicle is the proximate cause

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1of a motor vehicle accident that causes personal injury or
2death to another. For purposes of this subsection, a personal
3injury includes any Type A injury as indicated on the traffic
4accident report completed by a law enforcement officer that
5requires immediate professional attention in either a doctor's
6office or a medical facility. A Type A injury includes severe
7bleeding wounds, distorted extremities, and injuries that
8require the injured party to be carried from the scene.
9 (a-5) Any person who violates this Section as provided in
10subsection (a) while his or her driver's license, permit or
11privilege is revoked because of a violation of Section 9-3 of
12the Criminal Code of 1961 or the Criminal Code of 2012,
13relating to the offense of reckless homicide or a similar
14provision of a law of another state, is guilty of a Class 4
15felony. The person shall be required to undergo a professional
16evaluation, as provided in Section 11-501 of this Code, to
17determine if an alcohol, drug, or intoxicating compound problem
18exists and the extent of the problem, and to undergo the
19imposition of treatment as appropriate.
20 (a-7) Any person who violates this Section as provided in
21subsection (a) while his or her driver's license, permit, or
22privilege to drive is revoked due to an unpaid civil penalty
23shall be guilty of a petty offense. A local law enforcement
24officer shall issue the person $50 citation for the violation.
25 (a-10) A person's driver's license, permit, or privilege to
26obtain a driver's license or permit may be subject to multiple

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1revocations, multiple suspensions, or any combination of both
2simultaneously. No revocation or suspension shall serve to
3negate, invalidate, cancel, postpone, or in any way lessen the
4effect of any other revocation or suspension entered prior or
5subsequent to any other revocation or suspension.
6 (b) (Blank).
7 (b-1) Except for a person under subsection (a-7) of this
8Section, upon Upon receiving a report of the conviction of any
9violation indicating a person was operating a motor vehicle
10during the time when the person's driver's license, permit or
11privilege was suspended by the Secretary of State or the
12driver's licensing administrator of another state, except as
13specifically allowed by a probationary license, judicial
14driving permit, restricted driving permit or monitoring device
15driving permit the Secretary shall extend the suspension for
16the same period of time as the originally imposed suspension
17unless the suspension has already expired, in which case the
18Secretary shall be authorized to suspend the person's driving
19privileges for the same period of time as the originally
20imposed suspension.
21 (b-2) Except as provided in subsection (b-6) or (a-7), upon
22receiving a report of the conviction of any violation
23indicating a person was operating a motor vehicle when the
24person's driver's license, permit or privilege was revoked by
25the Secretary of State or the driver's license administrator of
26any other state, except as specifically allowed by a restricted

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1driving permit issued pursuant to this Code or the law of
2another state, the Secretary shall not issue a driver's license
3for an additional period of one year from the date of such
4conviction indicating such person was operating a vehicle
5during such period of revocation.
6 (b-3) (Blank).
7 (b-4) When the Secretary of State receives a report of a
8conviction of any violation indicating a person was operating a
9motor vehicle that was not equipped with an ignition interlock
10device during a time when the person was prohibited from
11operating a motor vehicle not equipped with such a device, the
12Secretary shall not issue a driver's license to that person for
13an additional period of one year from the date of the
14conviction.
15 (b-5) Any person convicted of violating this Section shall
16serve a minimum term of imprisonment of 30 consecutive days or
17300 hours of community service when the person's driving
18privilege was revoked or suspended as a result of a violation
19of Section 9-3 of the Criminal Code of 1961 or the Criminal
20Code of 2012, relating to the offense of reckless homicide, or
21a similar provision of a law of another state.
22 (b-6) Upon receiving a report of a first conviction of
23operating a motor vehicle while the person's driver's license,
24permit or privilege was revoked where the revocation was for a
25violation of Section 9-3 of the Criminal Code of 1961 or the
26Criminal Code of 2012 relating to the offense of reckless

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1homicide or a similar out-of-state offense, the Secretary shall
2not issue a driver's license for an additional period of three
3years from the date of such conviction.
4 (c) Except as provided in subsections (c-3) and (c-4), any
5person convicted of violating this Section shall serve a
6minimum term of imprisonment of 10 consecutive days or 30 days
7of community service when the person's driving privilege was
8revoked or suspended as a result of:
9 (1) a violation of Section 11-501 of this Code or a
10 similar provision of a local ordinance relating to the
11 offense of operating or being in physical control of a
12 vehicle while under the influence of alcohol, any other
13 drug or any combination thereof; or
14 (2) a violation of paragraph (b) of Section 11-401 of
15 this Code or a similar provision of a local ordinance
16 relating to the offense of leaving the scene of a motor
17 vehicle accident involving personal injury or death; or
18 (3) a statutory summary suspension or revocation under
19 Section 11-501.1 of this Code.
20 Such sentence of imprisonment or community service shall
21not be subject to suspension in order to reduce such sentence.
22 (c-1) Except as provided in subsections (c-5) and (d), any
23person convicted of a second violation of this Section shall be
24ordered by the court to serve a minimum of 100 hours of
25community service.
26 (c-2) In addition to other penalties imposed under this

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1Section, the court may impose on any person convicted a fourth
2time of violating this Section any of the following:
3 (1) Seizure of the license plates of the person's
4 vehicle.
5 (2) Immobilization of the person's vehicle for a period
6 of time to be determined by the court.
7 (c-3) Any person convicted of a violation of this Section
8during a period of summary suspension imposed pursuant to
9Section 11-501.1 when the person was eligible for a MDDP shall
10be guilty of a Class 4 felony and shall serve a minimum term of
11imprisonment of 30 days.
12 (c-4) Any person who has been issued a MDDP or a restricted
13driving permit which requires the person to operate only motor
14vehicles equipped with an ignition interlock device and who is
15convicted of a violation of this Section as a result of
16operating or being in actual physical control of a motor
17vehicle not equipped with an ignition interlock device at the
18time of the offense shall be guilty of a Class 4 felony and
19shall serve a minimum term of imprisonment of 30 days.
20 (c-5) Any person convicted of a second violation of this
21Section is guilty of a Class 2 felony, is not eligible for
22probation or conditional discharge, and shall serve a mandatory
23term of imprisonment, if:
24 (1) the current violation occurred when the person's
25 driver's license was suspended or revoked for a violation
26 of Section 9-3 of the Criminal Code of 1961 or the Criminal

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1 Code of 2012, relating to the offense of reckless homicide,
2 or a similar out-of-state offense; and
3 (2) the prior conviction under this Section occurred
4 while the person's driver's license was suspended or
5 revoked for a violation of Section 9-3 of the Criminal Code
6 of 1961 or the Criminal Code of 2012 relating to the
7 offense of reckless homicide, or a similar out-of-state
8 offense, or was suspended or revoked for a violation of
9 Section 11-401 or 11-501 of this Code, a similar
10 out-of-state offense, a similar provision of a local
11 ordinance, or a statutory summary suspension or revocation
12 under Section 11-501.1 of this Code.
13 (d) Any person convicted of a second violation of this
14Section shall be guilty of a Class 4 felony and shall serve a
15minimum term of imprisonment of 30 days or 300 hours of
16community service, as determined by the court, if:
17 (1) the current violation occurred when the person's
18 driver's license was suspended or revoked for a violation
19 of Section 11-401 or 11-501 of this Code, a similar
20 out-of-state offense, a similar provision of a local
21 ordinance, or a statutory summary suspension or revocation
22 under Section 11-501.1 of this Code; and
23 (2) the prior conviction under this Section occurred
24 while the person's driver's license was suspended or
25 revoked for a violation of Section 11-401 or 11-501 of this
26 Code, a similar out-of-state offense, a similar provision

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1 of a local ordinance, or a statutory summary suspension or
2 revocation under Section 11-501.1 of this Code, or for a
3 violation of Section 9-3 of the Criminal Code of 1961 or
4 the Criminal Code of 2012, relating to the offense of
5 reckless homicide, or a similar out-of-state offense.
6 (d-1) Except as provided in subsections (d-2), (d-2.5), and
7(d-3), any person convicted of a third or subsequent violation
8of this Section shall serve a minimum term of imprisonment of
930 days or 300 hours of community service, as determined by the
10court.
11 (d-2) Any person convicted of a third violation of this
12Section is guilty of a Class 4 felony and must serve a minimum
13term of imprisonment of 30 days, if:
14 (1) the current violation occurred when the person's
15 driver's license was suspended or revoked for a violation
16 of Section 11-401 or 11-501 of this Code, or a similar
17 out-of-state offense, or a similar provision of a local
18 ordinance, or a statutory summary suspension or revocation
19 under Section 11-501.1 of this Code; and
20 (2) the prior convictions under this Section occurred
21 while the person's driver's license was suspended or
22 revoked for a violation of Section 11-401 or 11-501 of this
23 Code, a similar out-of-state offense, a similar provision
24 of a local ordinance, or a statutory summary suspension or
25 revocation under Section 11-501.1 of this Code, or for a
26 violation of Section 9-3 of the Criminal Code of 1961 or

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1 the Criminal Code of 2012, relating to the offense of
2 reckless homicide, or a similar out-of-state offense.
3 (d-2.5) Any person convicted of a third violation of this
4Section is guilty of a Class 1 felony, is not eligible for
5probation or conditional discharge, and must serve a mandatory
6term of imprisonment, if:
7 (1) the current violation occurred while the person's
8 driver's license was suspended or revoked for a violation
9 of Section 9-3 of the Criminal Code of 1961 or the Criminal
10 Code of 2012, relating to the offense of reckless homicide,
11 or a similar out-of-state offense. The person's driving
12 privileges shall be revoked for the remainder of the
13 person's life; and
14 (2) the prior convictions under this Section occurred
15 while the person's driver's license was suspended or
16 revoked for a violation of Section 9-3 of the Criminal Code
17 of 1961 or the Criminal Code of 2012, relating to the
18 offense of reckless homicide, or a similar out-of-state
19 offense, or was suspended or revoked for a violation of
20 Section 11-401 or 11-501 of this Code, a similar
21 out-of-state offense, a similar provision of a local
22 ordinance, or a statutory summary suspension or revocation
23 under Section 11-501.1 of this Code.
24 (d-3) Any person convicted of a fourth, fifth, sixth,
25seventh, eighth, or ninth violation of this Section is guilty
26of a Class 4 felony and must serve a minimum term of

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1imprisonment of 180 days, 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 11-401 or 11-501 of this Code, a similar
5 out-of-state offense, a similar provision of a local
6 ordinance, or a statutory summary suspension or revocation
7 under Section 11-501.1 of this Code; and
8 (2) the prior convictions under this Section occurred
9 while the person's driver's license was suspended or
10 revoked for a violation of Section 11-401 or 11-501 of this
11 Code, a similar out-of-state offense, a similar provision
12 of a local ordinance, or a statutory summary suspension or
13 revocation under Section 11-501.1 of this Code, or for a
14 violation of Section 9-3 of the Criminal Code of 1961 or
15 the Criminal Code of 2012, relating to the offense of
16 reckless homicide, or a similar out-of-state offense.
17 (d-3.5) Any person convicted of a fourth or subsequent
18violation of this Section is guilty of a Class 1 felony, is not
19eligible for probation or conditional discharge, and must serve
20a mandatory term of imprisonment, and is eligible for an
21extended term, if:
22 (1) the current violation occurred when the person's
23 driver's license was suspended or revoked for a violation
24 of Section 9-3 of the Criminal Code of 1961 or the Criminal
25 Code of 2012, relating to the offense of reckless homicide,
26 or a similar out-of-state offense; and

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1 (2) the prior convictions under this Section occurred
2 while the person's driver's license was suspended or
3 revoked for a violation of Section 9-3 of the Criminal Code
4 of 1961 or the Criminal Code of 2012, relating to the
5 offense of reckless homicide, or a similar out-of-state
6 offense, or was suspended or revoked for a violation of
7 Section 11-401 or 11-501 of this Code, a similar
8 out-of-state offense, a similar provision of a local
9 ordinance, or a statutory summary suspension or revocation
10 under Section 11-501.1 of this Code.
11 (d-4) Any person convicted of a tenth, eleventh, twelfth,
12thirteenth, or fourteenth violation of this Section is guilty
13of a Class 3 felony, and is not eligible for probation or
14conditional discharge, if:
15 (1) the current violation occurred when the person's
16 driver's license was suspended or revoked for a violation
17 of Section 11-401 or 11-501 of this Code, or a similar
18 out-of-state offense, or a similar provision of a local
19 ordinance, or a statutory summary suspension or revocation
20 under Section 11-501.1 of this Code; and
21 (2) the prior convictions under this Section occurred
22 while the person's driver's license was suspended or
23 revoked for a violation of Section 11-401 or 11-501 of this
24 Code, a similar out-of-state offense, a similar provision
25 of a local ordinance, or a statutory suspension or
26 revocation under Section 11-501.1 of this Code, or for a

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1 violation of Section 9-3 of the Criminal Code of 1961 or
2 the Criminal Code of 2012, relating to the offense of
3 reckless homicide, or a similar out-of-state offense.
4 (d-5) Any person convicted of a fifteenth or subsequent
5violation of this Section is guilty of a Class 2 felony, and is
6not eligible for probation or conditional discharge, if:
7 (1) the current violation occurred when the person's
8 driver's license was suspended or revoked for a violation
9 of Section 11-401 or 11-501 of this Code, or a similar
10 out-of-state offense, or a similar provision of a local
11 ordinance, or a statutory summary suspension or revocation
12 under Section 11-501.1 of this Code; and
13 (2) the prior convictions under this Section occurred
14 while the person's driver's license was suspended or
15 revoked for a violation of Section 11-401 or 11-501 of this
16 Code, a similar out-of-state offense, a similar provision
17 of a local ordinance, or a statutory summary suspension or
18 revocation under Section 11-501.1 of this Code, or for a
19 violation of Section 9-3 of the Criminal Code of 1961 or
20 the Criminal Code of 2012, relating to the offense of
21 reckless homicide, or a similar out-of-state offense.
22 (e) Any person in violation of this Section who is also in
23violation of Section 7-601 of this Code relating to mandatory
24insurance requirements, in addition to other penalties imposed
25under this Section, shall have his or her motor vehicle
26immediately impounded by the arresting law enforcement

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1officer. The motor vehicle may be released to any licensed
2driver upon a showing of proof of insurance for the vehicle
3that was impounded and the notarized written consent for the
4release by the vehicle owner.
5 (f) For any prosecution under this Section, a certified
6copy of the driving abstract of the defendant shall be admitted
7as proof of any prior conviction.
8 (g) The motor vehicle used in a violation of this Section
9is subject to seizure and forfeiture as provided in Sections
1036-1 and 36-2 of the Criminal Code of 2012 if the person's
11driving privilege was revoked or suspended as a result of:
12 (1) a violation of Section 11-501 of this Code, a
13 similar provision of a local ordinance, or a similar
14 provision of a law of another state;
15 (2) a violation of paragraph (b) of Section 11-401 of
16 this Code, a similar provision of a local ordinance, or a
17 similar provision of a law of another state;
18 (3) a statutory summary suspension or revocation under
19 Section 11-501.1 of this Code or a similar provision of a
20 law of another state; or
21 (4) a violation of Section 9-3 of the Criminal Code of
22 1961 or the Criminal Code of 2012 relating to the offense
23 of reckless homicide, or a similar provision of a law of
24 another state.
25(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
2698-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.

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11-1-16.)
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