Bill Text: IL SB3547 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Illinois Vehicle Code. Provides that driving on a suspended license during a period of summary suspension imposed due to failing or refusing to submit to chemical testing for the purpose of determining if a person is driving under the influence shall be a Class 4 felony regardless of whether or not the driver is eligible for a Monitoring Device Driving Permit.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB3547 Detail]
Download: Illinois-2013-SB3547-Engrossed.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 | 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), any | ||||||
10 | person who drives or is in actual physical control of a motor
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11 | vehicle on any highway of this State at a time when such | ||||||
12 | person's driver's
license, permit or privilege to do so or the | ||||||
13 | privilege to obtain a driver's
license or permit is revoked or | ||||||
14 | suspended as provided by this Code or the law
of another state, | ||||||
15 | except as may be specifically allowed by a judicial driving
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16 | permit issued prior to January 1, 2009, monitoring device | ||||||
17 | 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-10) A person's driver's license, permit, or privilege to | ||||||
21 | obtain a driver's license or permit may be subject to multiple | ||||||
22 | revocations, multiple suspensions, or any combination of both | ||||||
23 | simultaneously. No revocation or suspension shall serve to | ||||||
24 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
25 | effect of any other revocation or suspension entered prior or | ||||||
26 | subsequent to any other revocation or suspension. |
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1 | (b) (Blank). | ||||||
2 | (b-1) Upon receiving a report of the conviction of any | ||||||
3 | violation indicating a person was operating a motor vehicle | ||||||
4 | during the time when the person's driver's license, permit or | ||||||
5 | privilege was suspended by the Secretary of State or the | ||||||
6 | driver's licensing administrator of another state, except as | ||||||
7 | specifically allowed by a probationary license, judicial | ||||||
8 | driving permit, restricted driving permit or monitoring device | ||||||
9 | driving permit the Secretary shall extend the suspension for | ||||||
10 | the same period of time as the originally imposed suspension | ||||||
11 | unless the suspension has already expired, in which case the | ||||||
12 | Secretary shall be authorized to suspend the person's driving | ||||||
13 | privileges for the same period of time as the originally | ||||||
14 | imposed suspension. | ||||||
15 | (b-2) Except as provided in subsection (b-6), upon | ||||||
16 | receiving a report of the conviction of any violation | ||||||
17 | indicating a person was operating a motor vehicle when the | ||||||
18 | person's driver's license, permit or privilege was revoked by | ||||||
19 | the Secretary of State or the driver's license administrator of | ||||||
20 | any other state, except as specifically allowed by a restricted | ||||||
21 | driving permit issued pursuant to this Code or the law of | ||||||
22 | another state, the Secretary shall not issue a driver's license | ||||||
23 | for an additional period of one year from the date of such | ||||||
24 | conviction indicating such person was operating a vehicle | ||||||
25 | during such period of revocation. | ||||||
26 | (b-3) (Blank).
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1 | (b-4) When the Secretary of State receives a report of a | ||||||
2 | conviction of any violation indicating a person was operating a | ||||||
3 | motor vehicle that was not equipped with an ignition interlock | ||||||
4 | device during a time when the person was prohibited from | ||||||
5 | operating a motor vehicle not equipped with such a device, the | ||||||
6 | Secretary shall not issue a driver's license to that person for | ||||||
7 | an additional period of one year from the date of the | ||||||
8 | conviction.
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9 | (b-5) Any person convicted of violating this Section shall | ||||||
10 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
11 | 300
hours of community service
when the person's driving | ||||||
12 | privilege was revoked or suspended as a result of 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, or | ||||||
15 | a similar provision of a law of another state.
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16 | (b-6) Upon receiving a report of a first conviction of | ||||||
17 | operating a motor vehicle while the person's driver's license, | ||||||
18 | permit or privilege was revoked where the revocation was for a | ||||||
19 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012 relating to the offense of reckless | ||||||
21 | homicide or a similar out-of-state offense, the Secretary shall | ||||||
22 | not issue a driver's license for an additional period of three | ||||||
23 | years from the date of such conviction. | ||||||
24 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
25 | person convicted of violating this Section shall serve a | ||||||
26 | minimum
term of imprisonment of 10 consecutive days or 30
days |
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1 | of community service
when the person's driving privilege was | ||||||
2 | revoked or suspended as a result of:
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3 | (1) a violation of Section 11-501 of this Code or a | ||||||
4 | similar provision
of a local ordinance relating to the | ||||||
5 | offense of operating or being in physical
control of a | ||||||
6 | vehicle while under the influence of alcohol, any other | ||||||
7 | drug
or any combination thereof; or
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8 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
9 | this Code or a
similar provision of a local ordinance | ||||||
10 | relating to the offense of leaving the
scene of a motor | ||||||
11 | vehicle accident involving personal injury or death; or
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12 | (3)
a statutory summary suspension or revocation under | ||||||
13 | Section 11-501.1 of this
Code.
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14 | Such sentence of imprisonment or community service shall | ||||||
15 | not be subject
to suspension in order to reduce such sentence.
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16 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
17 | person convicted of a
second violation of this Section shall be | ||||||
18 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
19 | community service.
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20 | (c-2) In addition to other penalties imposed under this | ||||||
21 | Section, the
court may impose on any person convicted a fourth | ||||||
22 | time of violating this
Section any of
the following:
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23 | (1) Seizure of the license plates of the person's | ||||||
24 | vehicle.
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25 | (2) Immobilization of the person's vehicle for a period | ||||||
26 | of time
to be determined by the court.
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1 | (c-3) Any person convicted of a violation of this Section | ||||||
2 | during a period of summary suspension imposed pursuant to | ||||||
3 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
4 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
5 | imprisonment of 30 days. | ||||||
6 | (c-4) Any person who has been issued a MDDP and who is | ||||||
7 | convicted of a violation of this Section as a result of | ||||||
8 | operating or being in actual physical control of a motor | ||||||
9 | vehicle not equipped with an ignition interlock device at the | ||||||
10 | time of the offense shall be guilty of a Class 4 felony and | ||||||
11 | shall serve a minimum term of imprisonment of 30 days.
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12 | (c-5) Any person convicted of a second violation of this
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13 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
14 | probation or conditional discharge, and shall serve a mandatory | ||||||
15 | term of
imprisonment, if: | ||||||
16 | (1) the current violation occurred when the person's | ||||||
17 | driver's license was suspended or revoked for a violation | ||||||
18 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012, relating
to the offense of reckless homicide, | ||||||
20 | or a similar out-of-state offense; and | ||||||
21 | (2) the prior conviction under this Section occurred | ||||||
22 | while the person's driver's license was suspended or | ||||||
23 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
25 | offense of reckless homicide, or a similar out-of-state | ||||||
26 | offense, or was suspended or revoked for a violation of |
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1 | Section 11-401 or 11-501 of this Code, a similar | ||||||
2 | out-of-state offense, a similar provision of a local | ||||||
3 | ordinance, or a statutory summary suspension or revocation | ||||||
4 | under Section 11-501.1 of this Code.
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5 | (d) Any person convicted of a second violation of this
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6 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
7 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
8 | community service, as determined by the
court, if: | ||||||
9 | (1) the current violation occurred when the person's | ||||||
10 | driver's license was suspended or revoked for a violation | ||||||
11 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
12 | out-of-state offense, a similar provision of a local
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13 | ordinance, or a
statutory summary suspension or revocation | ||||||
14 | under Section 11-501.1 of this Code; and | ||||||
15 | (2) the prior conviction under this Section occurred | ||||||
16 | while the person's driver's license was suspended or | ||||||
17 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
18 | Code, a similar out-of-state offense, a similar provision | ||||||
19 | of a local ordinance, or a statutory summary suspension or | ||||||
20 | revocation under Section 11-501.1 of this Code, or for a | ||||||
21 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012, relating to the offense of | ||||||
23 | reckless homicide, or a similar out-of-state offense.
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24 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
25 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
26 | of this Section shall serve a minimum term of
imprisonment of |
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1 | 30 days or 300 hours of community service, as determined by the
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2 | court.
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3 | (d-2) Any person convicted of a third violation of this
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4 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
5 | term of
imprisonment of 30 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,
or a similar | ||||||
9 | out-of-state offense, or a similar provision of a local
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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.
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21 | (d-2.5) Any person convicted of a third violation of this
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22 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
23 | probation or conditional discharge, and must serve a mandatory | ||||||
24 | term of
imprisonment, if: | ||||||
25 | (1) the current violation occurred while the person's | ||||||
26 | driver's license was suspended or revoked for a violation |
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1 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012, relating to the offense of reckless homicide, | ||||||
3 | or a similar out-of-state offense.
The person's driving | ||||||
4 | privileges shall be revoked for the remainder of the | ||||||
5 | person's life; and | ||||||
6 | (2) the prior convictions under this Section occurred | ||||||
7 | while the person's driver's license was suspended or | ||||||
8 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
9 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
10 | offense of reckless homicide, or a similar out-of-state | ||||||
11 | offense, or was suspended or revoked for a violation of | ||||||
12 | Section 11-401 or 11-501 of this Code, a similar | ||||||
13 | out-of-state offense, a similar provision of a local | ||||||
14 | ordinance, or a statutory summary suspension or revocation | ||||||
15 | under Section 11-501.1 of this Code. | ||||||
16 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
17 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
18 | of a Class 4 felony and must serve a minimum term of
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19 | imprisonment of 180 days, if: | ||||||
20 | (1) the current violation occurred when the person's | ||||||
21 | driver's license was suspended or revoked for a
violation | ||||||
22 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
23 | out-of-state
offense, a similar provision of a local | ||||||
24 | ordinance, or a statutory
summary suspension or revocation | ||||||
25 | under Section 11-501.1 of this Code; and | ||||||
26 | (2) the prior convictions under this Section occurred |
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1 | while the person's driver's license was suspended or | ||||||
2 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
3 | Code, a similar out-of-state offense, a similar provision | ||||||
4 | of a local ordinance, or a statutory summary suspension or | ||||||
5 | revocation under Section 11-501.1 of this Code, or for a | ||||||
6 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012, relating to the offense of | ||||||
8 | reckless homicide, or a similar out-of-state offense.
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9 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
10 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
11 | eligible for probation or conditional discharge, and must serve | ||||||
12 | a mandatory term of
imprisonment, and is eligible for an | ||||||
13 | extended term, 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 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012, relating to the offense of reckless homicide, | ||||||
18 | or a similar out-of-state offense; and | ||||||
19 | (2) the prior convictions under this Section occurred | ||||||
20 | while the person's driver's license was suspended or | ||||||
21 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
22 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
23 | offense of reckless homicide, or a similar out-of-state | ||||||
24 | offense, or was suspended or revoked for a violation of | ||||||
25 | Section 11-401 or 11-501 of this Code, a similar | ||||||
26 | out-of-state offense, a similar provision of a local |
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1 | ordinance, or a statutory summary suspension or revocation | ||||||
2 | under Section 11-501.1 of this Code.
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3 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
4 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
5 | of a Class 3 felony, and is not eligible for probation or | ||||||
6 | 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 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 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
23 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
24 | not eligible for probation or conditional discharge, if: | ||||||
25 | (1) the current violation occurred when the person's | ||||||
26 | driver's license was suspended or revoked for a violation |
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1 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
2 | out-of-state offense, or a similar provision of a local | ||||||
3 | ordinance, or a statutory summary suspension or revocation | ||||||
4 | under Section 11-501.1 of this Code; 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 11-401 or 11-501 of this | ||||||
8 | Code, a similar out-of-state offense, a similar provision | ||||||
9 | of a local ordinance, or a statutory summary suspension or | ||||||
10 | revocation under Section 11-501.1 of this Code, or for a | ||||||
11 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012, relating to the offense of | ||||||
13 | reckless homicide, or a similar out-of-state offense.
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14 | (e) Any person in violation of this Section who is also in | ||||||
15 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
16 | insurance requirements, in
addition to other penalties imposed | ||||||
17 | under this Section, shall have his or her
motor vehicle | ||||||
18 | immediately impounded by the arresting law enforcement | ||||||
19 | officer.
The motor vehicle may be released to any licensed | ||||||
20 | driver upon a showing of
proof of insurance for the vehicle | ||||||
21 | that was impounded and the notarized written
consent for the | ||||||
22 | release by the vehicle owner.
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23 | (f) For any prosecution under this Section, a certified | ||||||
24 | copy of the
driving abstract of the defendant shall be admitted | ||||||
25 | as proof of any prior
conviction.
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26 | (g) The motor vehicle used in a violation of this Section |
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1 | is subject
to seizure and forfeiture as provided in Sections | ||||||
2 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
3 | driving privilege was revoked
or suspended as a result of: | ||||||
4 | (1) a violation of Section 11-501 of this Code, a | ||||||
5 | similar provision
of a local ordinance, or a similar | ||||||
6 | provision of a law of another state; | ||||||
7 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
8 | this Code, a
similar provision of a local ordinance, or a | ||||||
9 | similar provision of a law of another state; | ||||||
10 | (3) a statutory summary suspension or revocation under | ||||||
11 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
12 | law of another state; or | ||||||
13 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
14 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
15 | of reckless homicide, or a similar provision of a law of | ||||||
16 | another state.
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17 | (Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
18 | 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff. | ||||||
19 | 8-27-13; revised 9-19-13.)
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