As we have discussed before in this blog, suspensions and revocations can happen for many reasons, some with more serious consequences than others. And it seemed that almost every year, new legislation was passed to create another basis for a suspension or revocation, enhance penalties, or increase fines and collateral consequences. As a result of piling on law after law, jurisdictions across Illinois often interpreted the confusing rules differently.

In an unusual move, legislation was recently passed to clarify the suspension and revocation laws. By clarifying, the new law may actually reduce penalties that were previously imposed by various jurisdictions.

Previously, 625 ILCS 5/6-303(d) read:

“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 original 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, or a statutory summary suspension or revocation under Section 11-501.1 of this Code.”

This applied to people charged with driving while suspended or revoked due to DUI or motor vehicle accidents involving death or personal injury. The way it was written caused confusion about whether this meant a second conviction or simply a second charge.

The legislature has now clarified with the following:

“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: (1) the current violation occurred when the person’s driver’s license was suspended or revoked 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, or a statutory summary suspension or revocation under Section 11-501.1 of this Code; and (2) the prior conviction under this Section occurred while the person’s driver’s license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code, or 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 similar out-of-state offense.”

Now it is much clearer: if you are charged with a suspension or revocation based on DUI or an accident involving injury or death, you must have been previously convicted of the same violation in order to face a Class 4 felony. Since the conviction also comes with a statutory minimum of 30 days in jail or 300 hours of public service, this clarification is significant.

However, the legislature giveth and the legislature taketh away. In the same amendments, section (a-10) was added, providing:

“A person’s driver’s license, permit, or privilege to obtain a driver’s license or permit may be subject to multiple revocations, multiple suspensions, or any combination of both simultaneously. No revocation or suspension shall serve to negate, invalidate, cancel, postpone, or in any way lessen the effect of any other revocation or suspension entered prior or subsequent to any other revocation or suspension.”

This appears to be a response to a recent court case that determined the suspension or revocation first in time was the correct basis for penalties.

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