(A) (1) Except as otherwise provided in ILCS Ch. 625, Act 5, § 6-303(a-5) or in subsection (A)(2) of this section, any person who drives or is in actual physical control of a motor vehicle on any highway of this state at a time when such person’s driver’s license, permit, or privilege to do so or the privilege to obtain a driver’s license or permit is revoked or suspended as provided by this chapter or the law of another state, except as may be specifically allowed by judicial driving permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary license to drive or a restricted driving permit issued pursuant to this chapter or under the law of another state, shall be guilty of a Class A misdemeanor.
(2) Any person who violates this section as provided in subsection (A)(1) while his or her driver's license or privilege to drive is suspended under ILCS Ch. 625, Act 5, § 6-306.5 or § 7-702 shall receive a Uniform Traffic Citation from the law enforcement officer. A person who receives three or more Uniform Traffic Citations under this subsection (A)(2) without paying any fees associated with the citations shall be guilty of a Class A misdemeanor.
(B) (1) Except for a person under subsection (A)(2) above, upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle during the time when the person’s driver’s license, permit or privilege was suspended by the Secretary of State or the driver’s licensing administrator of another state, except as specifically allowed by a probationary license, judicial driving permit, restricted driving permit or monitoring device driving permit the Secretary shall extend the suspension for the same period of time as the originally imposed suspension unless the suspension has already expired, in which case the Secretary shall be authorized to suspend the person’s driving privileges for the same period of time as the originally imposed suspension.
(2) Except as provided in subsection (B)(5) of this section, upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle when the person’s driver’s license, permit or privilege was revoked by the Secretary of State or the driver’s license administrator of any other state, except as specifically allowed by a restricted driving permit issued pursuant to this chapter or the law of another state, the Secretary shall not issue a driver’s license for an additional period of one year from the date of such conviction indicating such person was operating a vehicle during such period of revocation.
(3) When the Secretary of State receives a report of a conviction of any violation indicating that a person was operating a motor vehicle that was not equipped with an ignition interlock device during a time when the person was prohibited from operating a motor vehicle not equipped with such a device, the Secretary shall not issue a driver’s license to that person for an additional period of one year from the date of the conviction.
(4) 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 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of ILCS Ch. 625, Act 5, § 11-501(d)(1)(F), relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(5) Upon receiving a report of a first conviction of operating a motor vehicle while the person’s driver’s license, permit or privilege was revoked where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, or a violation of ILCS Ch. 625, Act 5, § 11-501(d)(1)(F), relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense, the Secretary shall not issue a driver’s license for an additional period of three years from the date of such conviction.
(C) (1) Except as provided in ILCS Ch. 625, Act 5, § 6-303(c-3) and (c-4), any person convicted of violating this section shall serve a minimum term of imprisonment of ten consecutive days or 30 days of community service when the person’s driving privilege was revoked or suspended as a result of:
(a) A violation of ILCS Ch. 625, Act 5, § 11-501 or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof; or
(b) A violation of paragraph (b) of ILCS Ch. 625, Act 5, § 11-401 or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor vehicle crash involving personal injury or death; or
(c) A statutory summary suspension or revocation under ILCS Ch. 625, Act 5, § 11-501.1.
(2) Such sentence of imprisonment or community service shall not be subject to suspension in order to reduce such sentence.
(3) Except as provided in ILCS Ch. 625, Act 5, § 6-303(a-7), (c-5), and (d), any person convicted of a second violation of this section shall be ordered by the court to serve a minimum of 100 hours of community service. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(4) 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:
(a) Seizure of the license plates of the person’s vehicle.
(b) Immobilization of the person’s vehicle for a period of time to be determined by the court.
(D) Any person in violation of this section who is also in violation of ILCS Ch. 625, Act 5, § 7-601 relating to mandatory insurance requirements, in addition to other penalties imposed under this section, shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. 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.
(E) For any prosecution under this section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
(F) The motor vehicle used in a violation of this section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012 if the person’s driving privilege was revoked or suspended as a result of:
(1) A violation of ILCS Ch. 625, Act 5, § 11-501, a similar provision of a local ordinance, or a similar provision of a law of another state;
(2) A violation of ILCS Ch. 625, Act 5, § 11-401, a similar provision of a local ordinance, or a similar provision of a law of another state;
(3) A statutory summary suspension or revocation under ILCS Ch. 625, Act 5, § 11-501.1 or a similar provision of a law of another state; or
(4) A violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, or a violation of ILCS Ch. 625, Act 5, § 11-501(d)(1)(F), relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state.
(ILCS Ch. 625, Act 5, § 6-303) Penalty, see § 70.999
Editor’s note:
ILCS Ch. 625, Act 5, § 306.5 was repealed by P.A. 101-652