Bill Text: IL HB4001 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Relocates language providing that certain persons who drive with suspended or revoked driving privileges shall be issued a Uniform Traffic Citation. Makes corresponding changes. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4001 Detail]
Download: Illinois-2019-HB4001-Introduced.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 and by adding Section 6-303.1 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 | Section 6-303.1 (a-7) , any person who drives or is in actual | |||||||||||||||||||||
11 | physical control of a motor
vehicle on any highway of this | |||||||||||||||||||||
12 | State at a time when such person's driver's
license, permit, or | |||||||||||||||||||||
13 | privilege to do so or the privilege to obtain a driver's
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14 | license or permit is revoked or suspended as provided by this | |||||||||||||||||||||
15 | Code or the law
of another state, except as may be specifically | |||||||||||||||||||||
16 | allowed by a judicial driving
permit issued prior to January 1, | |||||||||||||||||||||
17 | 2009, monitoring device driving permit, family financial | |||||||||||||||||||||
18 | responsibility driving permit, probationary
license to drive, | |||||||||||||||||||||
19 | or a restricted driving permit issued pursuant to this Code
or | |||||||||||||||||||||
20 | under the law of another state, shall be guilty of a Class A | |||||||||||||||||||||
21 | misdemeanor.
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22 | (a-3) A second or subsequent violation of subsection (a) of | |||||||||||||||||||||
23 | this Section is a Class 4 felony if committed by a person whose |
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1 | driving or operation of a motor vehicle is the proximate cause | ||||||
2 | of a motor vehicle accident that causes personal injury or | ||||||
3 | death to another. For purposes of this subsection, a personal | ||||||
4 | injury includes any Type A injury as indicated on the traffic | ||||||
5 | accident report completed by a law enforcement officer that | ||||||
6 | requires immediate professional attention in either a doctor's | ||||||
7 | office or a medical facility. A Type A injury includes severe | ||||||
8 | bleeding wounds, distorted extremities, and injuries that | ||||||
9 | require the injured party to be carried from the scene. | ||||||
10 | (a-5) Any person who violates this Section as provided in | ||||||
11 | subsection (a) while his or her driver's license, permit, or | ||||||
12 | privilege is revoked because of a violation of Section 9-3 of | ||||||
13 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
14 | relating to the offense of reckless homicide, or a violation of | ||||||
15 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
16 | 11-501 of this Code, relating to the offense of aggravated | ||||||
17 | driving under the influence of alcohol, other drug or drugs, or | ||||||
18 | intoxicating compound or compounds, or any combination thereof | ||||||
19 | when the violation was a proximate cause of a death, or a | ||||||
20 | similar provision of a law of another state, is guilty of a | ||||||
21 | Class 4 felony. The person shall be required to undergo a | ||||||
22 | professional evaluation, as provided in Section 11-501 of this | ||||||
23 | Code, to determine if an alcohol, drug, or intoxicating | ||||||
24 | compound problem exists and the extent of the problem, and to | ||||||
25 | undergo the imposition of treatment as appropriate.
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26 | (a-7) (Blank). Any person who violates this Section as |
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1 | provided in subsection (a) while his or her driver's license or | ||||||
2 | privilege to drive is suspended under Section 6-306.5 or 7-702 | ||||||
3 | of this Code shall receive a Uniform Traffic Citation from the | ||||||
4 | law enforcement officer. A person who receives 3 or more | ||||||
5 | Uniform Traffic Citations under this subsection (a-7) without | ||||||
6 | paying any fees associated with the citations shall be guilty | ||||||
7 | of a Class A misdemeanor. | ||||||
8 | (a-10) A person's driver's license, permit, or privilege to | ||||||
9 | obtain a driver's license or permit may be subject to multiple | ||||||
10 | revocations, multiple suspensions, or any combination of both | ||||||
11 | simultaneously. No revocation or suspension shall serve to | ||||||
12 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
13 | effect of any other revocation or suspension entered prior or | ||||||
14 | subsequent to any other revocation or suspension. | ||||||
15 | (b) (Blank). | ||||||
16 | (b-1) Except for a person under subsection (a-7) of this | ||||||
17 | Section 6-303.1 , upon receiving a report of the conviction of | ||||||
18 | any violation indicating a person was operating a motor vehicle | ||||||
19 | during the time when the person's driver's license, permit, or | ||||||
20 | privilege was suspended by the Secretary of State or the | ||||||
21 | driver's licensing administrator of another state, except as | ||||||
22 | specifically allowed by a probationary license, judicial | ||||||
23 | driving permit, restricted driving permit, or monitoring | ||||||
24 | device driving permit, the Secretary shall extend the | ||||||
25 | suspension for the same period of time as the originally | ||||||
26 | imposed suspension unless the suspension has already expired, |
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1 | in which case the Secretary shall be authorized to suspend the | ||||||
2 | person's driving privileges for the same period of time as the | ||||||
3 | originally imposed suspension. | ||||||
4 | (b-2) Except as provided in subsection (b-6) or Section | ||||||
5 | 6-303.1 (a-7) , upon receiving a report of the conviction of any | ||||||
6 | violation indicating a person was operating a motor vehicle | ||||||
7 | when the person's driver's license, permit, or privilege was | ||||||
8 | revoked by the Secretary of State or the driver's license | ||||||
9 | administrator of any other state, except as specifically | ||||||
10 | allowed by a restricted driving permit issued pursuant to this | ||||||
11 | Code or the law of another state, the Secretary shall not issue | ||||||
12 | a driver's license for an additional period of one year from | ||||||
13 | the date of such conviction indicating such person was | ||||||
14 | operating a vehicle during such period of revocation. | ||||||
15 | (b-3) (Blank).
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16 | (b-4) When the Secretary of State receives a report of a | ||||||
17 | conviction of any violation indicating a person was operating a | ||||||
18 | motor vehicle that was not equipped with an ignition interlock | ||||||
19 | device during a time when the person was prohibited from | ||||||
20 | operating a motor vehicle not equipped with such a device, the | ||||||
21 | Secretary shall not issue a driver's license to that person for | ||||||
22 | an additional period of one year from the date of the | ||||||
23 | conviction.
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24 | (b-5) Any person convicted of violating this Section shall | ||||||
25 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
26 | 300
hours of community service
when the person's driving |
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1 | privilege was revoked or suspended as a result of 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, or | ||||||
4 | a violation of subparagraph (F) of paragraph (1) of subsection | ||||||
5 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
6 | aggravated driving under the influence of alcohol, other drug | ||||||
7 | or drugs, or intoxicating compound or compounds, or any | ||||||
8 | combination thereof when the violation was a proximate cause of | ||||||
9 | a death, or a similar provision of a law of another state.
The | ||||||
10 | court may give credit toward the fulfillment of community | ||||||
11 | service hours for participation in activities and treatment as | ||||||
12 | determined by court services. | ||||||
13 | (b-6) Upon receiving a report of a first conviction of | ||||||
14 | operating a motor vehicle while the person's driver's license, | ||||||
15 | permit, or privilege was revoked where the revocation was for a | ||||||
16 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 relating to the offense of reckless | ||||||
18 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
19 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
20 | the offense of aggravated driving under the influence of | ||||||
21 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
22 | compounds, or any combination thereof when the violation was a | ||||||
23 | proximate cause of a death, or a similar out-of-state offense, | ||||||
24 | the Secretary shall not issue a driver's license for an | ||||||
25 | additional period of 3 years from the date of such conviction. | ||||||
26 | (c) Except as provided in subsections (c-3) and (c-4), any |
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1 | person convicted of violating this Section shall serve a | ||||||
2 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
3 | of community service
when the person's driving privilege was | ||||||
4 | revoked or suspended as a result of:
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5 | (1) a violation of Section 11-501 of this Code or a | ||||||
6 | similar provision
of a local ordinance relating to the | ||||||
7 | offense of operating or being in physical
control of a | ||||||
8 | vehicle while under the influence of alcohol, any other | ||||||
9 | drug
or any combination thereof; or
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10 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
11 | this Code or a
similar provision of a local ordinance | ||||||
12 | relating to the offense of leaving the
scene of a motor | ||||||
13 | vehicle accident involving personal injury or death; or
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14 | (3)
a statutory summary suspension or revocation under | ||||||
15 | Section 11-501.1 of this
Code.
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16 | Such sentence of imprisonment or community service shall | ||||||
17 | not be subject
to suspension in order to reduce such sentence.
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18 | (c-1) Except as provided in Section 6-303.1 and subsections | ||||||
19 | (a-7), (c-5) , and (d) of this Section , any person convicted of | ||||||
20 | a
second violation of this Section shall be ordered by the | ||||||
21 | court to serve a
minimum
of 100 hours of community service. The | ||||||
22 | court may give credit toward the fulfillment of community | ||||||
23 | service hours for participation in activities and treatment as | ||||||
24 | determined by court services.
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25 | (c-2) In addition to other penalties imposed under this | ||||||
26 | Section, the
court may impose on any person convicted a fourth |
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1 | time of violating this
Section any of
the following:
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2 | (1) Seizure of the license plates of the person's | ||||||
3 | vehicle.
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4 | (2) Immobilization of the person's vehicle for a period | ||||||
5 | of time
to be determined by the court.
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6 | (c-3) Any person convicted of a violation of this Section | ||||||
7 | during a period of summary suspension imposed pursuant to | ||||||
8 | Section 11-501.1 when the person was eligible for a monitoring | ||||||
9 | device driving permit shall be guilty of a Class 4 felony and | ||||||
10 | shall serve a minimum term of imprisonment of 30 days. | ||||||
11 | (c-4) Any person who has been issued a monitoring device | ||||||
12 | driving permit or a restricted driving permit which requires | ||||||
13 | the person to operate only motor vehicles equipped with an | ||||||
14 | ignition interlock device and who is convicted of a violation | ||||||
15 | of this Section as a result of operating or being in actual | ||||||
16 | physical control of a motor vehicle not equipped with an | ||||||
17 | ignition interlock device at the time of the offense shall be | ||||||
18 | guilty of a Class 4 felony and shall serve a minimum term of | ||||||
19 | 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 violation of subparagraph (F) of paragraph (1) of | ||||||
3 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
4 | the offense of aggravated driving under the influence of | ||||||
5 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
6 | compounds, or any combination thereof when the violation | ||||||
7 | was a proximate cause of a death, or a similar out-of-state | ||||||
8 | offense; and | ||||||
9 | (2) the prior conviction under this Section occurred | ||||||
10 | while the person's driver's license was suspended or | ||||||
11 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
12 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
13 | offense of reckless homicide, or a violation of | ||||||
14 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
15 | Section 11-501 of this Code, relating to the offense of | ||||||
16 | aggravated driving under the influence of alcohol, other | ||||||
17 | drug or drugs, or intoxicating compound or compounds, or | ||||||
18 | any combination thereof when the violation was a proximate | ||||||
19 | cause of a death, or a similar out-of-state offense, or was | ||||||
20 | suspended or revoked for a violation of Section 11-401 or | ||||||
21 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
22 | similar provision of a local ordinance, or a statutory | ||||||
23 | summary suspension or revocation under Section 11-501.1 of | ||||||
24 | this Code.
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25 | (d) Any person convicted of a second violation of this
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26 | Section shall be guilty of a Class 4 felony and shall serve a |
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1 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
2 | community service, as determined by the
court, if: | ||||||
3 | (1) the current violation occurred when the person's | ||||||
4 | driver's license was suspended or revoked for a violation | ||||||
5 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
6 | out-of-state offense, a similar provision of a local
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7 | ordinance, or a
statutory summary suspension or revocation | ||||||
8 | under Section 11-501.1 of this Code; and | ||||||
9 | (2) the prior conviction under this Section occurred | ||||||
10 | while the person's driver's license was suspended or | ||||||
11 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
12 | Code, a similar out-of-state offense, a similar provision | ||||||
13 | of a local ordinance, or a statutory summary suspension or | ||||||
14 | revocation under Section 11-501.1 of this Code, or for a | ||||||
15 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012, relating to the offense of | ||||||
17 | reckless homicide, or a violation of subparagraph (F) of | ||||||
18 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
19 | Code, relating to the offense of aggravated driving under | ||||||
20 | the influence of alcohol, other drug or drugs, or | ||||||
21 | intoxicating compound or compounds, or any combination | ||||||
22 | thereof when the violation was a proximate cause of a | ||||||
23 | death, or a similar out-of-state offense.
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24 | The court may give credit toward the fulfillment of | ||||||
25 | community service hours for participation in activities and | ||||||
26 | treatment as determined by court services. |
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1 | (d-1) Except as provided in Section 6-303.1 and subsections | ||||||
2 | (a-7), (d-2), (d-2.5), and (d-3) of this Section , any
person | ||||||
3 | convicted of
a third or subsequent violation of this Section | ||||||
4 | shall serve a minimum term of
imprisonment of 30 days or 300 | ||||||
5 | hours of community service, as determined by the
court. The | ||||||
6 | court may give credit toward the fulfillment of community | ||||||
7 | service hours for participation in activities and treatment as | ||||||
8 | determined by court services.
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9 | (d-2) Any person convicted of a third violation of this
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10 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
11 | term of
imprisonment of 30 days, if: | ||||||
12 | (1) the current violation occurred when the person's | ||||||
13 | driver's license was suspended or revoked for a violation | ||||||
14 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
15 | out-of-state offense, or a similar provision of a local
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16 | ordinance, or a
statutory summary suspension or revocation | ||||||
17 | under Section 11-501.1 of this Code; 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 11-401 or 11-501 of this | ||||||
21 | Code, a similar out-of-state offense, a similar provision | ||||||
22 | of a local ordinance, or a statutory summary suspension or | ||||||
23 | revocation under Section 11-501.1 of this Code, or for a | ||||||
24 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012, relating to the offense of | ||||||
26 | reckless homicide, or a violation of subparagraph (F) of |
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1 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
2 | Code, relating to the offense of aggravated driving under | ||||||
3 | the influence of alcohol, other drug or drugs, or | ||||||
4 | intoxicating compound or compounds, or any combination | ||||||
5 | thereof when the violation was a proximate cause of a | ||||||
6 | death, or a similar out-of-state offense.
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7 | (d-2.5) Any person convicted of a third violation of this
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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 violation of subparagraph (F) of paragraph (1) of | ||||||
16 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
17 | the offense of aggravated driving under the influence of | ||||||
18 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
19 | compounds, or any combination thereof when the violation | ||||||
20 | was a proximate cause of a death, or a similar out-of-state | ||||||
21 | offense.
The person's driving privileges shall be revoked | ||||||
22 | for the remainder of the person's life; and | ||||||
23 | (2) the prior convictions under this Section occurred | ||||||
24 | while the person's driver's license was suspended or | ||||||
25 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
26 | of 1961 or the Criminal Code of 2012, relating to the |
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1 | offense of reckless homicide, or a violation of | ||||||
2 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
3 | Section 11-501 of this Code, relating to the offense of | ||||||
4 | aggravated driving under the influence of alcohol, other | ||||||
5 | drug or drugs, or intoxicating compound or compounds, or | ||||||
6 | any combination thereof when the violation was a proximate | ||||||
7 | cause of a death, or a similar out-of-state offense, or was | ||||||
8 | suspended or revoked for a violation of Section 11-401 or | ||||||
9 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
10 | similar provision of a local ordinance, or a statutory | ||||||
11 | summary suspension or revocation under Section 11-501.1 of | ||||||
12 | this Code. | ||||||
13 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
14 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
15 | of a Class 4 felony and must serve a minimum term of
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16 | imprisonment of 180 days, 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 convictions 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 violation of subparagraph (F) of | ||||||
6 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
7 | Code, relating to the offense of aggravated driving under | ||||||
8 | the influence of alcohol, other drug or drugs, or | ||||||
9 | intoxicating compound or compounds, or any combination | ||||||
10 | thereof when the violation was a proximate cause of a | ||||||
11 | death, or a similar out-of-state offense.
| ||||||
12 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
13 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
14 | eligible for probation or conditional discharge, must serve a | ||||||
15 | mandatory term of
imprisonment, and is eligible for an extended | ||||||
16 | term, 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 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
20 | Code of 2012, relating to the offense of reckless homicide, | ||||||
21 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
22 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
23 | the offense of aggravated driving under the influence of | ||||||
24 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
25 | compounds, or any combination thereof when the violation | ||||||
26 | was a proximate cause of a death, or a similar out-of-state |
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1 | offense; and | ||||||
2 | (2) the prior convictions under this Section occurred | ||||||
3 | while the person's driver's license was suspended or | ||||||
4 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
5 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
6 | offense of reckless homicide, or a violation of | ||||||
7 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
8 | Section 11-501 of this Code, relating to the offense of | ||||||
9 | aggravated driving under the influence of alcohol, other | ||||||
10 | drug or drugs, or intoxicating compound or compounds, or | ||||||
11 | any combination thereof when the violation was a proximate | ||||||
12 | cause of a death, or a similar out-of-state offense, or was | ||||||
13 | suspended or revoked for a violation of Section 11-401 or | ||||||
14 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
15 | similar provision of a local ordinance, or a statutory | ||||||
16 | summary suspension or revocation under Section 11-501.1 of | ||||||
17 | this Code.
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18 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
19 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
20 | of a Class 3 felony, and is not eligible for probation or | ||||||
21 | conditional discharge, 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 11-401 or 11-501 of this Code, or a similar | ||||||
25 | out-of-state offense, or a similar provision of a local | ||||||
26 | ordinance, or a statutory summary suspension or revocation |
| |||||||
| |||||||
1 | under Section 11-501.1 of this Code; and | ||||||
2 | (2) the prior convictions under this Section occurred | ||||||
3 | while the person's driver's license was suspended or | ||||||
4 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
5 | Code, a similar out-of-state offense, a similar provision | ||||||
6 | of a local ordinance, or a statutory suspension or | ||||||
7 | revocation under Section 11-501.1 of this Code, or for a | ||||||
8 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012, relating to the offense of | ||||||
10 | reckless homicide, or a violation of subparagraph (F) of | ||||||
11 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
12 | Code, relating to the offense of aggravated driving under | ||||||
13 | the influence of alcohol, other drug or drugs, or | ||||||
14 | intoxicating compound or compounds, or any combination | ||||||
15 | thereof when the violation was a proximate cause of a | ||||||
16 | death, or a similar out-of-state offense. | ||||||
17 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
18 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
19 | not eligible for probation or conditional discharge, 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, or a similar | ||||||
23 | out-of-state offense, or 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 violation of subparagraph (F) of | ||||||
9 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
10 | Code, relating to the offense of aggravated driving under | ||||||
11 | the influence of alcohol, other drug or drugs, or | ||||||
12 | intoxicating compound or compounds, or any combination | ||||||
13 | thereof when the violation was a proximate cause of a | ||||||
14 | death, or a similar out-of-state offense.
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15 | (e) Any person in violation of this Section who is also in | ||||||
16 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
17 | insurance requirements, in
addition to other penalties imposed | ||||||
18 | under this Section, shall have his or her
motor vehicle | ||||||
19 | immediately impounded by the arresting law enforcement | ||||||
20 | officer.
The motor vehicle may be released to any licensed | ||||||
21 | driver upon a showing of
proof of insurance for the vehicle | ||||||
22 | that was impounded and the notarized written
consent for the | ||||||
23 | release by the vehicle owner.
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24 | (f) For any prosecution under this Section, a certified | ||||||
25 | copy of the
driving abstract of the defendant shall be admitted | ||||||
26 | as proof of any prior
conviction.
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1 | (g) The motor vehicle used in a violation of this Section | ||||||
2 | is subject
to seizure and forfeiture as provided in Sections | ||||||
3 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
4 | driving privilege was revoked
or suspended as a result of: | ||||||
5 | (1) a violation of Section 11-501 of this Code, a | ||||||
6 | similar provision
of a local ordinance, or a similar | ||||||
7 | provision of a law of another state; | ||||||
8 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
9 | this Code, a
similar provision of a local ordinance, or a | ||||||
10 | similar provision of a law of another state; | ||||||
11 | (3) a statutory summary suspension or revocation under | ||||||
12 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
13 | law of another state; or | ||||||
14 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
15 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
16 | of reckless homicide, or a violation of subparagraph (F) of | ||||||
17 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
18 | Code, relating to the offense of aggravated driving under | ||||||
19 | the influence of alcohol, other drug or drugs, or | ||||||
20 | intoxicating compound or compounds, or any combination | ||||||
21 | thereof when the violation was a proximate cause of a | ||||||
22 | death, or a similar provision of a law of another state.
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23 | (Source: P.A. 100-149, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
24 | 100-1004, eff. 1-1-19; 101-81, eff. 7-12-19.)
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25 | (625 ILCS 5/6-303.1 new) |
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1 | Sec. 6-303.1. Driving privileges suspended or revoked due | ||||||
2 | to failure to pay civil penalties or child support. Any person | ||||||
3 | who violates subsection (a) of Section 6-303 while his or her | ||||||
4 | driver's license or privilege to drive is suspended under | ||||||
5 | Section 6-306.5 or 7-702 of this Code shall receive a Uniform | ||||||
6 | Traffic Citation from the law enforcement officer. A person who | ||||||
7 | receives 3 or more Uniform Traffic Citations under this Section | ||||||
8 | without paying any fees associated with the citations shall be | ||||||
9 | guilty of a Class A misdemeanor.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|