Illinois 95th Regular Session Status: Passed House

HB 722 — VEH CD & CD C0RR-DRIVE REVOKED

Last action — Session Sine Die

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Vehicle Code and the Unified Code of Corrections. Increases the penalties for the offense of driving with a revoked driver's license, permit, or privilege to operate a motor vehicle, if the revocation was because of the offense of reckless homicide. Provides that a first violation is a Class 4 felony and provides for mandatory imprisonment or community service. Provides that the revocation is extended a minimum of 3 years. Provides that if the person is granted a restricted driving permit, the person may not drive a vehicle not equipped with an ignition interlock device. Requires the defendant to undergo a drug or alcohol evaluation. Provides that a second violation is a Class 2 felony, for which a mandatory prison sentence shall be imposed. Provides that revocation of the person's driving privileges extends at least 5 years from the date of his or her release from prison. Provides that the person is not eligible for a restricted driving permit. Provides that a third violation is a Class 1 felony, for which a mandatory term of imprisonment shall be imposed. Provides that the person's driver's license is revoked for life. Provides that a fourth or subsequent violation is a Class 1 felony for which a mandatory prison term shall be imposed. Provides that the defendant is eligible for an extended term of imprisonment.

Bill Text

What changed in the latest version

1307 added · 1228 removed

Plain-language change summary

The amendments to Bill HB 722 alter the penalties and requirements for individuals who drive with a revoked license due to serious offenses like reckless homicide. Key changes include increasing the severity of punishments for repeat violations, establishing mandatory prison or community service for a first offense, and requiring the installation of ignition interlock devices for those granted restricted driving permits. This matters because it aims to enhance road safety by imposing stricter consequences on repeat offenders, potentially preventing future incidents related to dangerous driving behaviors.

→
Previous
Latest
*LRB09507087DRH27212b* HB0722 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB0722 Introduced 2/6/2007, by Rep.
HB0722 Engrossed LRB095 07087 DRH 27212 b AN ACT concerning transportation.
Joe Dunn SYNOPSIS AS INTRODUCED:
ILCS 5/6-205 from Ch.
95 1/2, par.
6-205 ILCS 5/6-208 from Ch.
95 1/2, par.
6-208 ILCS 5/6-303 from Ch.
95 1/2, par.
6-303 ILCS 5/5-5-3 from Ch.
38, par.
1005-5-3 ILCS 5/5-6-1 from Ch.
38, par.
1005-6-1 Amends the Illinois Vehicle Code and the Unified Code of Corrections.
Increases the penalties for the offense of driving with a revoked driver’s license, permit, or privilege to operate a motor vehicle, if the revocation was because of the offense of reckless homicide.
Provides that a first violation is a Class 4 felony and provides for mandatory imprisonment or community service.
Provides that the revocation is extended a minimum of 3 years.
Provides that if the person is granted a restricted driving permit, the person may not drive a vehicle not equipped with an ignition interlock device.
Requires the defendant to undergo a drug or alcohol evaluation.
Provides that a second violation is a Class 2 felony, for which a mandatory prison sentence shall be imposed.
Provides that revocation of the person’s driving privileges extends at least 5 years from the date of his or her release from prison.
Provides that the person is not eligible for a restricted driving permit.
Provides that a third violation is a Class 1 felony, for which a mandatory term of imprisonment years shall be imposed.
Provides that the person’s driver’s license is revoked for life.
Provides that a fourth or subsequent violation is a Class 1 felony for which a mandatory prison term shall be imposed.
Provides that the defendant is eligible for an extended term of imprisonment.
LRB095 07087 DRH 27212 b CORRECTIONAL FISCAL NOTE ACT BUDGET AND MAY APPLY IMPACT NOTE ACT MAY APPLY A BILL FOR HB0722 LRB095 07087 DRH 27212 b AN ACT concerning transportation.
HB0722 - 2 - LRB095 07087 DRH 27212 b 4.
HB0722 Engrossed - 2 - LRB095 07087 DRH 27212 b 4.
Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if HB0722 - 3 - LRB095 07087 DRH 27212 b the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.
Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if HB0722 Engrossed - 3 - LRB095 07087 DRH 27212 b the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.
(c) Except as provided in subsection (c-5), whenever Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical HB0722 - 4 - LRB095 07087 DRH 27212 b care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;
(c) Except as provided in subsection (c-5), whenever Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical HB0722 Engrossed - 4 - LRB095 07087 DRH 27212 b care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, or if HB0722 - 5 - LRB095 07087 DRH 27212 b a person has been convicted of one violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, or if HB0722 Engrossed - 5 - LRB095 07087 DRH 27212 b a person has been convicted of one violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
In each case the Secretary of State may issue a restricted driving permit for a period he deems appropriate, except that the permit shall expire within one year from the date of issuance.
In each case the Secretary of State may issue a restricted driving permit for a period he deems appropriate, HB0722 Engrossed - 6 - LRB095 07087 DRH 27212 b except that the permit shall expire within one year from the date of issuance.
The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar HB0722 - 6 - LRB095 07087 DRH 27212 b out-of-state offense, or any combination thereof, until the expiration of at least one year from the date of the revocation.
The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any combination thereof, until the expiration of at least one year from the date of the revocation.
However, if an individual’s driving privileges have been revoked in accordance with paragraph 13 of subsection (a) of this Section, no restricted driving permit shall be issued until the individual has served 6 months of the revocation period.
However, if an individual’s driving privileges have been revoked in HB0722 Engrossed - 7 - LRB095 07087 DRH 27212 b accordance with paragraph 13 of subsection (a) of this Section, no restricted driving permit shall be issued until the individual has served 6 months of the revocation period.
(c-5)_The Secretary may not issue a restricted driving permit to any person who has been convicted of a second or subsequent violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or HB0722 - 7 - LRB095 07087 DRH 27212 b a similar provision of a law of another state.
(c-5)_The Secretary may not issue a restricted driving permit to any person who has been convicted of a second or subsequent violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State.
One year after the date of revocation, and upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle only between the hours of 5 a.m.
One year after the date of revocation, and upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety or welfare, issue a restricted driving permit HB0722 Engrossed - 8 - LRB095 07087 DRH 27212 b granting the privilege of driving a motor vehicle only between the hours of 5 a.m.
If a person’s license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section HB0722 - 8 - LRB095 07087 DRH 27212 b 1-129.1.
If a person’s license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory HB0722 Engrossed - 9 - LRB095 07087 DRH 27212 b summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or HB0722 - 9 - LRB095 07087 DRH 27212 b cancellation of a restricted driving permit.
except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving privileges of a person convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, is permanent.
(d-5) The revocation of the license, permit, or driving privileges of a person convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, HB0722 Engrossed - 10 - LRB095 07087 DRH 27212 b relating to the offense of reckless homicide, or a similar provision of a law of another state, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State, is permanent.
(h) The Secretary of State shall require the use of ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent offense under Section 11-501 of this Code or a similar HB0722 - 10 - LRB095 07087 DRH 27212 b provision of a local ordinance.
(h) The Secretary of State shall require the use of ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent HB0722 Engrossed - 11 - LRB095 07087 DRH 27212 b offense under Section 11-501 of this Code or a similar provision of a local ordinance.
Show all 109 changed rows (69 more)
Previous
Latest
(b) Any person whose license, permit or privilege to drive HB0722 - 11 - LRB095 07087 DRH 27212 b a motor vehicle on the highways has been revoked shall not be entitled to have such license, permit or privilege renewed or restored.
HB0722 Engrossed - 12 - LRB095 07087 DRH 27212 b (b) Any person whose license, permit or privilege to drive a motor vehicle on the highways has been revoked shall not be entitled to have such license, permit or privilege renewed or restored.
Except as provided in subparagraphs 1.5, 2, 3, and 4, and 5, the person may make application for a license after the expiration of one year from the effective date of the revocation or, in the case of a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance, after the expiration of 3 years from the effective date of the revocation or, in the case of a violation of Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to the offense of reckless homicide or a violation of subparagraph (F) of paragraph 1 of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, after the expiration of 2 years from the effective date of the revocation or after the expiration of 24 months from the date of release from a period of imprisonment as provided in Section 6-103 of this Code, whichever is later.
Except as provided in subparagraphs 1.5, 2, 3, and 4, and 5, the person may make application for a license after the expiration of one year from the effective date of the revocation or, in the case of a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance, after the expiration of 3 years from the effective date of the revocation or, in the case of a violation of Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to the offense of reckless homicide or a violation of subparagraph (F) of paragraph 1 of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, after the expiration of 2 years from the effective date of the revocation or after the expiration of 24 months from the date of release from a period of imprisonment as provided HB0722 Engrossed - 13 - LRB095 07087 DRH 27212 b in Section 6-103 of this Code, whichever is later.
HB0722 - 12 - LRB095 07087 DRH 27212 b 1.5.
1.5.
If the person is convicted of a violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, the person may not make application for a license or permit until the expiration of 3 years from the effective date of the most recent revocation.
If the person is convicted of a violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State, the person may not make application for a license or permit until the expiration of 3 years from the effective date of the most recent revocation.
or (C) Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide;
or HB0722 Engrossed - 14 - LRB095 07087 DRH 27212 b (C) Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide;
HB0722 - 13 - LRB095 07087 DRH 27212 b 3.
3.
5.
HB0722 Engrossed - 15 - LRB095 07087 DRH 27212 b 5.
The person may not make application for a license or permit if the person is convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state.
The person may not make application for a license or permit if the person is convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State.
Notwithstanding any other provision of this Code, all persons referred to in this paragraph (b) may not have their privileges restored until the Secretary receives payment of the required reinstatement fee pursuant to subsection (b) of HB0722 - 14 - LRB095 07087 DRH 27212 b Section 6-118.
Notwithstanding any other provision of this Code, all persons referred to in this paragraph (b) may not have their privileges restored until the Secretary receives payment of the required reinstatement fee pursuant to subsection (b) of Section 6-118.
In no event shall the Secretary issue such license unless and until such person has had a hearing pursuant to this Code and the appropriate administrative rules and the Secretary is satisfied, after a review or investigation of such person, that to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare.
In no event shall the Secretary issue such license unless and until such person has had a hearing pursuant to this Code and the appropriate administrative rules and the Secretary is satisfied, after a review or investigation of such person, that HB0722 Engrossed - 16 - LRB095 07087 DRH 27212 b to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare.
HB0722 - 15 - LRB095 07087 DRH 27212 b (a-5) Any person who violates this Section as provided in subsection (a) while his or her driver’s license, permit or privilege is revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide or a similar provision of a law of another state, is guilty of a Class 4 felony.
(a-5) Any person who violates this Section as provided in subsection (a) while his or her driver’s license, permit or privilege is revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide or a similar provision of a law of another state, or HB0722 Engrossed - 17 - LRB095 07087 DRH 27212 b because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State, is guilty of a Class 4 felony.
however, if the period of suspension has then expired, the Secretary shall be authorized to suspend said person’s driving privileges for the same period of time as the originally imposed suspension;
however, if the period of suspension has then expired, the Secretary HB0722 Engrossed - 18 - LRB095 07087 DRH 27212 b shall be authorized to suspend said person’s driving privileges for the same period of time as the originally imposed suspension;
and if the conviction was upon a charge which indicated that a vehicle was operated during the time when the HB0722 - 16 - LRB095 07087 DRH 27212 b person’s driver’s license, permit or privilege was revoked;
and if the conviction was upon a charge which indicated that a vehicle was operated during the time when the person’s driver’s license, permit or privilege was revoked;
(b-5) Any person convicted of violating this Section shall serve a minimum term of imprisonment of 30 consecutive days or 300 hours of community service when the person’s driving privilege was revoked or suspended as a result of a violation of Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide, or a similar provision of a law of another state.
(b-5) Any person convicted of violating this Section shall serve a minimum term of imprisonment of 30 consecutive days or 300 hours of community service when the person’s driving privilege was revoked or suspended as a result of a violation of Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide, or a similar provision of a law of another state, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar HB0722 Engrossed - 19 - LRB095 07087 DRH 27212 b provision of a law of another State.
or (2) a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor HB0722 - 17 - LRB095 07087 DRH 27212 b vehicle accident involving personal injury or death;
or (2) a violation of paragraph (b) of Section 11-401 of this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor vehicle accident involving personal injury or death;
(c-2) In addition to other penalties imposed under this Section, the court may impose on any person convicted a fourth time of violating this Section any of the following:
(c-2) In addition to other penalties imposed under this HB0722 Engrossed - 20 - LRB095 07087 DRH 27212 b Section, the court may impose on any person convicted a fourth time of violating this Section any of the following:
(c-5) Any person convicted of a second violation of this Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of imprisonment, if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense.
(c-5) Any person convicted of a second violation of this Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of imprisonment, if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State.
HB0722 - 18 - LRB095 07087 DRH 27212 b (d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the HB0722 Engrossed - 21 - LRB095 07087 DRH 27212 b revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d-2.5) Any person convicted of a third violation of this HB0722 - 19 - LRB095 07087 DRH 27212 b Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense.
(d-2.5) Any person convicted of a third violation of this Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961, relating to the HB0722 Engrossed - 22 - LRB095 07087 DRH 27212 b offense of reckless homicide, or a similar out-of-state offense, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State.
(d-3.5) Any person convicted of a fourth or subsequent violation of this Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment, and is eligible for an extended term, if the revocation or suspension was for a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense.
(d-3.5) Any person convicted of a fourth or subsequent violation of this Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of imprisonment, and is eligible for an extended term, if the revocation or suspension was for a HB0722 Engrossed - 23 - LRB095 07087 DRH 27212 b violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of this Code or a similar provision of a local ordinance or a similar provision of a law of another State.
(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty HB0722 - 20 - LRB095 07087 DRH 27212 b of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 HB0722 Engrossed - 24 - LRB095 07087 DRH 27212 b or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle that was impounded and the notarized written consent for the HB0722 - 21 - LRB095 07087 DRH 27212 b release by the vehicle owner.
The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle that was impounded and the notarized written consent for the release by the vehicle owner.
1-1-06.) Section 10.
1-1-06.) HB0722 Engrossed - 25 - LRB095 07087 DRH 27212 b Section 10.
The Unified Code of Corrections is amended by changing Sections 5-5-3, 5-6-1, and 5-6-3 as follows:
The Unified Code of Corrections is amended by changing Sections 5-5-3 and 5-6-1 as follows:
HB0722 - 22 - LRB095 07087 DRH 27212 b (2) A term of periodic imprisonment.
(2) A term of periodic imprisonment.
(9) A term of imprisonment in combination with a term of probation when the offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act.
HB0722 Engrossed - 26 - LRB095 07087 DRH 27212 b (9) A term of imprisonment in combination with a term of probation when the offender has been admitted into a drug court program under Section 20 of the Drug Court Treatment Act.
(2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed HB0722 - 23 - LRB095 07087 DRH 27212 b for the following offenses.
(2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the following offenses.
(D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation of subdivision (c)(1) or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin or cocaine or an analog thereof.
(D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation of subdivision (c)(1) or (c)(2) of Section 401 of that Act HB0722 Engrossed - 27 - LRB095 07087 DRH 27212 b which relates to more than 5 grams of a substance containing heroin or cocaine or an analog thereof.
(G) Residential burglary, except as otherwise HB0722 - 24 - LRB095 07087 DRH 27212 b provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
(G) Residential burglary, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
Beginning July 1, 1994, for the purposes of this paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
HB0722 Engrossed - 28 - LRB095 07087 DRH 27212 b Beginning July 1, 1994, for the purposes of this paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(N) A Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners HB0722 - 25 - LRB095 07087 DRH 27212 b Identification Card Act.
(N) A Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners Identification Card Act.
(T) A second or subsequent violation of the Methamphetamine Control and Community Protection Act.
(T) A second or subsequent violation of the HB0722 Engrossed - 29 - LRB095 07087 DRH 27212 b Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state.
(U) A second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver’s license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance or a similar provision of a law of another State.
HB0722 - 26 - LRB095 07087 DRH 27212 b (4.2) Except as provided in paragraphs paragraph (4.3) and (4.8) of this subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6-303 of the Illinois Vehicle Code.
(4.2) Except as provided in paragraphs paragraph (4.3) HB0722 Engrossed - 30 - LRB095 07087 DRH 27212 b and (4.8) of this subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in HB0722 - 27 - LRB095 07087 DRH 27212 b subsection (b-5) of that Section.
(4.7) A minimum term of imprisonment of not less than 30 consecutive days, or 300 hours of community service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (b-5) of that Section.
(4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section.
HB0722 Engrossed - 31 - LRB095 07087 DRH 27212 b (4.8) A mandatory prison sentence shall be imposed for a second violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided in subsection (c-5) of that Section.
The persons driving privileges shall be revoked for the remainder of his or her life.
The person’s driving privileges shall be revoked for the remainder of his or her life.
(C) make restitution to the victim under Section HB0722 - 28 - LRB095 07087 DRH 27212 b 5-5-6 of this Code.
(C) make restitution to the victim under Section 5-5-6 of this Code.
(5.1) In addition to any penalties imposed under paragraph (5) of this subsection (c), and except as provided in paragraph (5.2) or (5.3), a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver’s license, permit, or privileges suspended for at least 90 days but not more than one year, if the violation resulted in damage to the property of another person.
HB0722 Engrossed - 32 - LRB095 07087 DRH 27212 b (5.1) In addition to any penalties imposed under paragraph (5) of this subsection (c), and except as provided in paragraph (5.2) or (5.3), a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver’s license, permit, or privileges suspended for at least 90 days but not more than one year, if the violation resulted in damage to the property of another person.
(5.4) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall HB0722 - 29 - LRB095 07087 DRH 27212 b have his or her driver’s license, permit, or privileges suspended for 3 months and until he or she has paid a reinstatement fee of $100.
(5.4) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of violating Section 3-707 of the Illinois Vehicle Code shall have his or her driver’s license, permit, or privileges HB0722 Engrossed - 33 - LRB095 07087 DRH 27212 b suspended for 3 months and until he or she has paid a reinstatement fee of $100.
(8) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise HB0722 - 30 - LRB095 07087 DRH 27212 b out of different series of acts, such defendant shall be sentenced as a Class X offender.
(8) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony and such charges are separately brought and tried and arise out of different series of acts, such defendant shall be HB0722 Engrossed - 34 - LRB095 07087 DRH 27212 b sentenced as a Class X offender.
For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, HB0722 - 31 - LRB095 07087 DRH 27212 b such as an umpire or referee;
For the purposes of this paragraph (11), "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted;
"athletic facility" means an HB0722 Engrossed - 35 - LRB095 07087 DRH 27212 b indoor or outdoor playing field or recreational area where sports activities are conducted;
If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State HB0722 - 32 - LRB095 07087 DRH 27212 b files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial.
If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State files notice of its intention to again seek the extended HB0722 Engrossed - 36 - LRB095 07087 DRH 27212 b sentence, the defendant shall be afforded a new trial.
and (2) the court orders the defendant to pay for the victim’s counseling services, to the extent that the court finds, after considering the defendant’s income and HB0722 - 33 - LRB095 07087 DRH 27212 b assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
and (2) the court orders the defendant to pay for the victim’s counseling services, to the extent that the court finds, after considering the defendant’s income and assets, that the defendant is financially capable of paying HB0722 Engrossed - 37 - LRB095 07087 DRH 27212 b for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.
HB0722 - 34 - LRB095 07087 DRH 27212 b Any such medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the defendant’s person.
Any such medical test shall be performed only by appropriately HB0722 Engrossed - 38 - LRB095 07087 DRH 27212 b licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the defendant’s person.
A State’s Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State’s Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code HB0722 - 35 - LRB095 07087 DRH 27212 b of 1961 against the defendant.
A State’s Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State’s Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant.
The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant.
The court shall order that the HB0722 Engrossed - 39 - LRB095 07087 DRH 27212 b cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant.
Acting in accordance with the best interests of the public, the judge shall have the discretion to determine to whom, if anyone, the results of the HB0722 - 36 - LRB095 07087 DRH 27212 b testing may be revealed.
Acting in accordance with the best interests of the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed.
The court shall notify the defendant of a positive test showing an infection with the human immunodeficiency virus (HIV).
The court shall notify the defendant HB0722 Engrossed - 40 - LRB095 07087 DRH 27212 b of a positive test showing an infection with the human immunodeficiency virus (HIV).
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, HB0722 - 37 - LRB095 07087 DRH 27212 b 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal HB0722 Engrossed - 41 - LRB095 07087 DRH 27212 b Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.
(j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as HB0722 - 38 - LRB095 07087 DRH 27212 b a condition of his or her sentence be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program offered by the Department of Corrections.
(j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as a condition of his or her sentence be required by the court to HB0722 Engrossed - 42 - LRB095 07087 DRH 27212 b attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program offered by the Department of Corrections.
This subsection (j-5) does not apply to a defendant who is determined by the court to be developmentally disabled or HB0722 - 39 - LRB095 07087 DRH 27212 b otherwise mentally incapable of completing the educational or vocational program.
This subsection (j-5) does not apply to a defendant who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or HB0722 Engrossed - 43 - LRB095 07087 DRH 27212 b vocational program.
(B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community HB0722 - 40 - LRB095 07087 DRH 27212 b Protection Act, the court may, upon motion of the State’s Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when:
(B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, the court may, upon motion of the State’s HB0722 Engrossed - 44 - LRB095 07087 DRH 27212 b Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when:
(m) A person convicted of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961, in which the property damage exceeds $300 and the property damaged is a HB0722 - 41 - LRB095 07087 DRH 27212 b school building, shall be ordered to perform community service that may include cleanup, removal, or painting over the defacement.
(m) A person convicted of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961, in which the property damage exceeds $300 and the property damaged is a school building, shall be ordered to perform community service HB0722 Engrossed - 45 - LRB095 07087 DRH 27212 b that may include cleanup, removal, or painting over the defacement.
The General Assembly HB0722 - 42 - LRB095 07087 DRH 27212 b finds that in order to protect the public, the criminal justice system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments and intermediate sanctions.
The General Assembly finds that in order to protect the public, the criminal justice HB0722 Engrossed - 46 - LRB095 07087 DRH 27212 b system must compel compliance with the conditions of probation by responding to violations with swift, certain and fair punishments and intermediate sanctions.
The court shall impose as a condition of a sentence of probation, conditional discharge, or supervision, that the HB0722 - 43 - LRB095 07087 DRH 27212 b probation agency may invoke any sanction from the list of intermediate sanctions adopted by the chief judge of the circuit court for violations of the terms and conditions of the sentence of probation, conditional discharge, or supervision, subject to the provisions of Section 5-6-4 of this Act.
The court shall impose as a condition of a sentence of probation, conditional discharge, or supervision, that the probation agency may invoke any sanction from the list of HB0722 Engrossed - 47 - LRB095 07087 DRH 27212 b intermediate sanctions adopted by the chief judge of the circuit court for violations of the terms and conditions of the sentence of probation, conditional discharge, or supervision, subject to the provisions of Section 5-6-4 of this Act.
(ii) a Class A misdemeanor violation of HB0722 - 44 - LRB095 07087 DRH 27212 b Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act;
(ii) a Class A misdemeanor violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals HB0722 Engrossed - 48 - LRB095 07087 DRH 27212 b Act;
(c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver’s license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state.
(c-5) Subsections (a), (b), and (c) of this Section do not apply to a defendant charged with a second or subsequent violation of Section 6-303 of the Illinois Vehicle Code committed while his or her driver’s license, permit or privileges were revoked because of a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar provision of a law of another state, or because of the offense of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, based on involvement in a motor vehicle accident that caused great bodily harm or permanent disability or disfigurement or death to another, when the violation was a proximate cause of the HB0722 Engrossed - 49 - LRB095 07087 DRH 27212 b injuries or death, as provided in subdivision (d)(1)(C) or (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance or a similar provision of a law of another State.
HB0722 - 45 - LRB095 07087 DRH 27212 b (1) convicted for a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state;
(1) convicted for a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law or ordinance of another state;
(e) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 16A-3 of the Criminal Code of 1961 if said defendant has within the last 5 years been:
(e) The provisions of paragraph (c) shall not apply to a HB0722 Engrossed - 50 - LRB095 07087 DRH 27212 b defendant charged with violating Section 16A-3 of the Criminal Code of 1961 if said defendant has within the last 5 years been:
The court shall consider the statement of the prosecuting HB0722 - 46 - LRB095 07087 DRH 27212 b authority with regard to the standards set forth in this Section.
The court shall consider the statement of the prosecuting authority with regard to the standards set forth in this Section.
or (2) assigned supervision for a violation of Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance.
or (2) assigned supervision for a violation of Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle HB0722 Engrossed - 51 - LRB095 07087 DRH 27212 b Code or a similar provision of a local ordinance.
HB0722 - 47 - LRB095 07087 DRH 27212 b (1) unless the defendant, upon payment of the fines, penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges.
(1) unless the defendant, upon payment of the fines, penalties, and costs provided by law, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference of Chief Circuit Judges.
(i) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 3-707 of the Illinois Vehicle Code or a similar provision of a local ordinance if the defendant has been assigned supervision for a violation of Section 3-707 of the Illinois Vehicle Code or a similar provision of a local ordinance.
(i) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 3-707 of the Illinois HB0722 Engrossed - 52 - LRB095 07087 DRH 27212 b Vehicle Code or a similar provision of a local ordinance if the defendant has been assigned supervision for a violation of Section 3-707 of the Illinois Vehicle Code or a similar provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance when the revocation or suspension was for a violation of Section HB0722 - 48 - LRB095 07087 DRH 27212 b 11-501 or a similar provision of a local ordinance or, a violation of Section 11-501.1 or paragraph (b) of Section 11-401 of the Illinois Vehicle Code, or a violation of Section 9-3 of the Criminal Code of 1961 if the defendant has within the last 10 years been:
(j) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 6-303 of the Illinois Vehicle Code or a similar provision of a local ordinance when the revocation or suspension was for a violation of Section 11-501 or a similar provision of a local ordinance or, a violation of Section 11-501.1 or paragraph (b) of Section 11-401 of the Illinois Vehicle Code, or a violation of Section 9-3 of the Criminal Code of 1961 if the defendant has within the last 10 years been:
(k) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within the 12 months preceding the date of the defendant’s arrest, the defendant has been assigned court supervision on 2 occasions for a violation that governs the movement of vehicles under the Illinois Vehicle Code or a similar provision of a local ordinance.
(k) The provisions of paragraph (c) shall not apply to a defendant charged with violating any provision of the Illinois Vehicle Code or a similar provision of a local ordinance that governs the movement of vehicles if, within the 12 months preceding the date of the defendant’s arrest, the defendant has been assigned court supervision on 2 occasions for a violation that governs the movement of vehicles under the Illinois HB0722 Engrossed - 53 - LRB095 07087 DRH 27212 b Vehicle Code or a similar provision of a local ordinance.
In addition to the $20 fee, the person shall also pay a fee of $5, which, if not waived by the court, shall be collected as HB0722 - 49 - LRB095 07087 DRH 27212 b provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
In addition to the $20 fee, the person shall also pay a fee of $5, which, if not waived by the court, shall be collected as provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Final Action Deadline Extended-9(b) January 10, 2008

  4. Final Action Deadline Extended-9(b) November 30, 2007

  5. Final Action Deadline Extended-9(b) November 2, 2007

  6. Final Action Deadline Extended-9(b) October 12, 2007

  7. Final Action Deadline Extended-9(b) October 5, 2007

  8. Final Action Deadline Extended-9(b) September 5, 2007

  9. Final Action Deadline Extended-9(b) August 24, 2007

  10. Final Action Deadline Extended-9(b) August 17, 2007

  11. Final Action Deadline Extended-9(b) August 10, 2007

  12. Final Action Deadline Extended-9(b) August 4, 2007

  13. Final Action Deadline Extended-9(b) July 31, 2007

  14. Final Action Deadline Extended-9(b) June 30, 2007

  15. Final Action Deadline Extended-9(b) June 22, 2007

  16. Final Action Deadline Extended-9(b) June 15, 2007

  17. Final Action Deadline Extended-9(b) June 8, 2007

  18. Senate Committee Amendment No. 2 Motion Filed Non-Concur Rep. Joe Dunn

  19. Placed on Calendar Order of Concurrence Senate Amendment(s) 2

  20. Arrived in House

  21. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  22. Third Reading - Passed; 057-000-000

  23. Added as Alternate Co-Sponsor Sen. Martin A. Sandoval

  24. Added as Alternate Co-Sponsor Sen. Ira I. Silverstein

  25. Added as Alternate Chief Co-Sponsor Sen. Randall M. Hultgren

  26. Placed on Calendar Order of 3rd Reading May 17, 2007

  27. Second Reading

  28. Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules

  29. Placed on Calendar Order of 2nd Reading May 16, 2007

  30. Do Pass as Amended Judiciary Criminal Law; 006-000-000

  31. Senate Committee Amendment No. 2 Adopted

  32. Senate Committee Amendment No. 1 Held in Judiciary Criminal Law

  33. Senate Committee Amendment No. 2 Rules Refers to Judiciary Criminal Law

  34. Added as Alternate Chief Co-Sponsor Sen. William R. Haine

  35. Senate Committee Amendment No. 2 Referred to Rules

  36. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard

  37. Postponed - Judiciary Criminal Law

  38. Senate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law

  39. Alternate Chief Sponsor Changed to Sen. Kirk W. Dillard

  40. Senate Committee Amendment No. 1 Referred to Rules

  41. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter

  42. Postponed - Judiciary Criminal Law

  43. Assigned to Judiciary Criminal Law

  44. Referred to Rules

  45. First Reading

  46. Chief Senate Sponsor Sen. Donne E. Trotter

  47. Placed on Calendar Order of First Reading

  48. Arrive in Senate

  49. Third Reading - Short Debate - Passed 112-000-000

  50. Placed on Calendar Order of 3rd Reading - Short Debate

  51. Second Reading - Short Debate

  52. Added Co-Sponsor Rep. Ed Sullivan, Jr.

  53. Added Co-Sponsor Rep. Fred Crespo

  54. Added Co-Sponsor Rep. Linda Chapa LaVia

  55. Added Co-Sponsor Rep. Jack D. Franks

  56. Added Co-Sponsor Rep. Chapin Rose

  57. Added Co-Sponsor Rep. William B. Black

  58. Added Co-Sponsor Rep. Dennis M. Reboletti

  59. Added Co-Sponsor Rep. Lisa M. Dugan

  60. Added Co-Sponsor Rep. Careen M Gordon

  61. Placed on Calendar 2nd Reading - Short Debate

  62. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 010-001-002

  63. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  64. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  65. Assigned to Judiciary II - Criminal Law Committee

  66. Referred to Rules Committee

  67. First Reading

  68. Filed with the Clerk by Rep. Joe Dunn

Sponsors

  • Joe Dunn · Cosponsor
  • Ira I. Silverstein · Cosponsor
  • Martin A. Sandoval · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 3 co-sponsors · 180 not signed on

Sponsors (0)

None.

Co-sponsors (3)

  • Joe Dunn
  • Ira I. Silverstein
  • Martin A. Sandoval

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Kotowski — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Sieben — Not Voting
Brady — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Sullivan — Yea
Munoz — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 100005
Democrat 8001
Republican 4000
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Munson — Yea
Granberg — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Leitch — Yea
Lindner — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Schock — Yea
Reitz — Yea
Lyons — Yea
McGuire — Yea
Dugan — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Madigan — Yea
Bradley, John — Yea
Mendoza — Yea
Bradley, Richard — Yea
Meyer — Yea
Mitchell, Bill — Yea
Molaro — Yea
Mulligan — Yea
Mitchell, Jerry — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
Burke — Yea
Sullivan — Yea
Patterson — Not Voting
Hannig — Yea
Phelps — Yea
Harris — Yea
Scully — Yea
Sommer — Yea
Hernandez — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Watson — Yea
Howard — Yea
Washington — Yea
Yarbrough — Yea
Younge — Yea
Davis, Monique — Yea
Brady — Not Voting
Coladipietro — Yea
Cross — Yea
Cultra — Not Voting
Currie — Yea
D'Amico — Yea
Dunkin — Not Voting
Fritchey — Yea
Froehlich — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Winters — Yea
Lang — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Cole — Yea
Colvin — Yea
Moffitt — Yea
Coulson — Yea
Golar — Yea
Chapa LaVia — Not Voting
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 722 do?
Amends the Illinois Vehicle Code and the Unified Code of Corrections. Increases the penalties for the offense of driving with a revoked driver's license, permit, or privilege to operate a motor vehicle, if the revocation was because of the offense of reckless homicide. Provides that a first violation is a Class 4 felony and provides for mandatory imprisonment or community service. Provides that the revocation is extended a minimum of 3 years. Provides that if the person is granted a restricted driving permit, the person may not drive a vehicle not equipped with an ignition interlock device. Requires the defendant to undergo a drug or alcohol evaluation. Provides that a second violation is a Class 2 felony, for which a mandatory prison sentence shall be imposed. Provides that revocation of the person's driving privileges extends at least 5 years from the date of his or her release from prison. Provides that the person is not eligible for a restricted driving permit. Provides that a third violation is a Class 1 felony, for which a mandatory term of imprisonment shall be imposed. Provides that the person's driver's license is revoked for life. Provides that a fourth or subsequent violation is a Class 1 felony for which a mandatory prison term shall be imposed. Provides that the defendant is eligible for an extended term of imprisonment.
Who sponsors HB 722?
HB 722 is sponsored by Joe Dunn, Ira I. Silverstein, and Martin A. Sandoval.
What is the current status of HB 722?
This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 722?
Track HB 722 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 722

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 722

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →