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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 | | Sec. 6-303. Driving while driver's license, permit or |
8 | | privilege to
operate a motor vehicle is suspended or revoked.
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9 | | (a) Except as otherwise provided in subsection (a-5) or |
10 | | (a-7) , any person who drives or is in actual physical control |
11 | | of a motor
vehicle on any highway of this State at a time when |
12 | | such person's driver's
license, permit or privilege to do so or |
13 | | the privilege to obtain a driver's
license or permit is revoked |
14 | | or suspended as provided by this Code or the law
of another |
15 | | state, except as may be specifically allowed by a judicial |
16 | | driving
permit issued prior to January 1, 2009, monitoring |
17 | | device driving permit, family financial responsibility driving |
18 | | permit, probationary
license to drive, or a restricted driving |
19 | | permit issued pursuant to this Code
or under the law of another |
20 | | state, shall be guilty of a Class A misdemeanor.
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21 | | (a-3) A second or subsequent violation of subsection (a) of |
22 | | this Section is a Class 4 felony if committed by a person whose |
23 | | driving or operation of a motor vehicle is the proximate cause |
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1 | | of a motor vehicle accident that causes personal injury or |
2 | | death to another. For purposes of this subsection, a personal |
3 | | injury includes any Type A injury as indicated on the traffic |
4 | | accident report completed by a law enforcement officer that |
5 | | requires immediate professional attention in either a doctor's |
6 | | office or a medical facility. A Type A injury includes severe |
7 | | bleeding wounds, distorted extremities, and injuries that |
8 | | require the injured party to be carried from the scene. |
9 | | (a-5) Any person who violates this Section as provided in |
10 | | subsection (a) while his or her driver's license, permit or |
11 | | privilege is revoked because of a violation of Section 9-3 of |
12 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
13 | | relating to the offense of reckless homicide or a similar |
14 | | provision of a law of another state, is guilty of a Class 4 |
15 | | felony. The person shall be required to undergo a professional |
16 | | evaluation, as provided in Section 11-501 of this Code, to |
17 | | determine if an alcohol, drug, or intoxicating compound problem |
18 | | exists and the extent of the problem, and to undergo the |
19 | | imposition of treatment as appropriate.
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20 | | (a-7) Any person who violates this Section as provided in |
21 | | subsection (a) while his or her driver's license, permit, or |
22 | | privilege to drive is revoked due to an unpaid civil penalty |
23 | | shall be guilty of a petty offense. A local law enforcement |
24 | | officer shall issue the person $50 citation for the violation. |
25 | | (a-10) A person's driver's license, permit, or privilege to |
26 | | obtain a driver's license or permit may be subject to multiple |
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1 | | revocations, multiple suspensions, or any combination of both |
2 | | simultaneously. No revocation or suspension shall serve to |
3 | | negate, invalidate, cancel, postpone, or in any way lessen the |
4 | | effect of any other revocation or suspension entered prior or |
5 | | subsequent to any other revocation or suspension. |
6 | | (b) (Blank). |
7 | | (b-1) Except for a person under subsection (a-7) of this |
8 | | Section, upon Upon receiving a report of the conviction of any |
9 | | violation indicating a person was operating a motor vehicle |
10 | | during the time when the person's driver's license, permit or |
11 | | privilege was suspended by the Secretary of State or the |
12 | | driver's licensing administrator of another state, except as |
13 | | specifically allowed by a probationary license, judicial |
14 | | driving permit, restricted driving permit or monitoring device |
15 | | driving permit the Secretary shall extend the suspension for |
16 | | the same period of time as the originally imposed suspension |
17 | | unless the suspension has already expired, in which case the |
18 | | Secretary shall be authorized to suspend the person's driving |
19 | | privileges for the same period of time as the originally |
20 | | imposed suspension. |
21 | | (b-2) Except as provided in subsection (b-6) or (a-7) , upon |
22 | | receiving a report of the conviction of any violation |
23 | | indicating a person was operating a motor vehicle when the |
24 | | person's driver's license, permit or privilege was revoked by |
25 | | the Secretary of State or the driver's license administrator of |
26 | | any other state, except as specifically allowed by a restricted |
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1 | | driving permit issued pursuant to this Code or the law of |
2 | | another state, the Secretary shall not issue a driver's license |
3 | | for an additional period of one year from the date of such |
4 | | conviction indicating such person was operating a vehicle |
5 | | during such period of revocation. |
6 | | (b-3) (Blank).
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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 or the Criminal |
20 | | Code of 2012,
relating to the offense of reckless homicide, or |
21 | | a similar provision of a law of another state.
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22 | | (b-6) Upon receiving a report of a first conviction of |
23 | | operating a motor vehicle while the person's driver's license, |
24 | | permit or privilege was revoked where the revocation was for a |
25 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
26 | | Criminal Code of 2012 relating to the offense of reckless |
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1 | | homicide or a similar out-of-state offense, the Secretary shall |
2 | | not issue a driver's license for an additional period of three |
3 | | years from the date of such conviction. |
4 | | (c) Except as provided in subsections (c-3) and (c-4), any |
5 | | person convicted of violating this Section shall serve a |
6 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
7 | | of community service
when the person's driving privilege was |
8 | | revoked or suspended as a result of:
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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
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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
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18 | | (3)
a statutory summary suspension or revocation under |
19 | | Section 11-501.1 of this
Code.
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20 | | Such sentence of imprisonment or community service shall |
21 | | not be subject
to suspension in order to reduce such sentence.
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22 | | (c-1) Except as provided in subsections (c-5) and (d), any |
23 | | person convicted of a
second violation of this Section shall be |
24 | | ordered by the court to serve a
minimum
of 100 hours of |
25 | | community service.
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26 | | (c-2) In addition to other penalties imposed under this |
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1 | | Section, the
court may impose on any person convicted a fourth |
2 | | time of violating this
Section any of
the following:
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3 | | (1) Seizure of the license plates of the person's |
4 | | vehicle.
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5 | | (2) Immobilization of the person's vehicle for a period |
6 | | of time
to be determined by the court.
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7 | | (c-3) Any person convicted of a violation of this Section |
8 | | during a period of summary suspension imposed pursuant to |
9 | | Section 11-501.1 when the person was eligible for a MDDP shall |
10 | | be guilty of a Class 4 felony and shall serve a minimum term of |
11 | | imprisonment of 30 days. |
12 | | (c-4) Any person who has been issued a MDDP or a restricted |
13 | | driving permit which requires the person to operate only motor |
14 | | vehicles equipped with an ignition interlock device and who is |
15 | | convicted of a violation of this Section as a result of |
16 | | operating or being in actual physical control of a motor |
17 | | vehicle not equipped with an ignition interlock device at the |
18 | | time of the offense shall be guilty of a Class 4 felony and |
19 | | shall serve a minimum term of imprisonment of 30 days.
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20 | | (c-5) Any person convicted of a second violation of this
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21 | | Section is guilty of a Class 2 felony, is not eligible for |
22 | | probation or conditional discharge, and shall serve a mandatory |
23 | | term 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.
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13 | | (d) Any person convicted of a second violation of this
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14 | | Section shall be guilty of a Class 4 felony and shall serve a |
15 | | minimum term of
imprisonment of 30 days or 300 hours of |
16 | | community 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
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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.
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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 |
8 | | of this Section shall serve a minimum term of
imprisonment of |
9 | | 30 days or 300 hours of community service, as determined by the
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10 | | court.
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11 | | (d-2) Any person convicted of a third violation of this
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12 | | Section is guilty of a Class 4 felony and must serve a minimum |
13 | | term 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
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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.
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3 | | (d-2.5) Any person convicted of a third violation of this
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4 | | Section is guilty of a Class 1 felony, is not eligible for |
5 | | probation or conditional discharge, and must serve a mandatory |
6 | | term 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, |
25 | | seventh, eighth, or ninth violation of this
Section is guilty |
26 | | of a Class 4 felony and must serve a minimum term of
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1 | | imprisonment 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.
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17 | | (d-3.5) Any person convicted of a fourth or subsequent |
18 | | violation of this
Section is guilty of a Class 1 felony, is not |
19 | | eligible for probation or conditional discharge, and must serve |
20 | | a mandatory term of
imprisonment, and is eligible for an |
21 | | extended 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.
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11 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
12 | | thirteenth, or fourteenth violation of this Section is guilty |
13 | | of a Class 3 felony, and is not eligible for probation or |
14 | | conditional 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 |
5 | | violation of this Section is guilty of a Class 2 felony, and is |
6 | | not 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.
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22 | | (e) Any person in violation of this Section who is also in |
23 | | violation of
Section 7-601 of this Code relating to mandatory |
24 | | insurance requirements, in
addition to other penalties imposed |
25 | | under this Section, shall have his or her
motor vehicle |
26 | | immediately impounded by the arresting law enforcement |
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1 | | officer.
The motor vehicle may be released to any licensed |
2 | | driver upon a showing of
proof of insurance for the vehicle |
3 | | that was impounded and the notarized written
consent for the |
4 | | release by the vehicle owner.
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5 | | (f) For any prosecution under this Section, a certified |
6 | | copy of the
driving abstract of the defendant shall be admitted |
7 | | as proof of any prior
conviction.
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8 | | (g) The motor vehicle used in a violation of this Section |
9 | | is subject
to seizure and forfeiture as provided in Sections |
10 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
11 | | driving 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.
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25 | | (Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; |
26 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff. |