Public Act 100-0202
 
HB3874 EnrolledLRB100 11057 AXK 21296 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 3-707 and 7-601 as follows:
 


    (625 ILCS 5/3-707)  (from Ch. 95 1/2, par. 3-707)



    Sec. 3-707. Operation of uninsured motor vehicle - penalty. 

    (a) No person
shall operate a motor vehicle in this State 
unless the motor vehicle is covered by a
liability insurance 
policy in accordance with Section 7-601 of this Code. 

    (a-5)  A person commits the offense of operation of 
uninsured motor vehicle causing bodily harm when the person:
        (1) operates a motor vehicle in violation of Section 
    7-601 of this Code; and
        (2)  causes, as a  proximate result of  the person's  
    operation of the motor vehicle, bodily harm to another 
    person.
    (a-6)  Uninsured operation of a motor vehicle under 
subsection (a-5) is a Class A misdemeanor. If a person 
convicted of the offense of operation of a motor vehicle under 
subsection (a-5) has previously been convicted of 2 or more 
violations of subsection (a-5) of this Section or of Section 
7-601 of this Code, a fine of $2,500, in addition to any 
sentence of incarceration, must be imposed. 
    (b) Any person who fails to comply with a request by a law 
enforcement
officer for display of evidence of insurance, as 
required under Section
7-602 of this Code, shall be deemed to 
be operating an uninsured motor vehicle.

    (c) Except as provided in subsections (a-6) and (c-5), any 
operator of a motor vehicle subject to registration under this

Code
who is convicted of violating this Section is guilty of a 
petty
offense and shall be required to pay a fine in excess of 
$500, but
not more than $1,000, except a person convicted of a 
third or subsequent violation of this Section shall be guilty 
of a business offense and shall be required to pay a fine of 
$1,000.   However, no person charged with violating this
Section 
shall be convicted if such person produces in court 
satisfactory
evidence that at the time of the arrest the motor 
vehicle was covered by a
liability insurance policy in 
accordance with Section 7-601 of this Code.
The chief judge of 
each circuit may designate an officer of the court to
review 
the documentation demonstrating that at the time of arrest the 
motor
vehicle was covered by a liability insurance policy in 
accordance with Section
7-601 of this Code.
    (c-1) A person convicted of violating this Section shall 
also have his or her driver's license, permit, or privileges 
suspended for 3 months. After the expiration of the 3 months, 
the person's driver's license, permit, or privileges shall not 
be reinstated until he or she has paid a reinstatement fee of 
$100. If a person violates this Section while his or her 
driver's license, permit, or privileges are suspended under 
this subsection (c-1), his or her driver's license, permit, or  
privileges shall be suspended for an additional 6 months and 
until he or she pays the reinstatement fee.


    (c-5) A person who (i) has not  previously been convicted of 
or received a disposition of court supervision for violating 
this Section and (ii) produces at his or her court appearance 
satisfactory evidence that the motor vehicle is covered, as of 
the date of the court appearance,  by a liability insurance 
policy in accordance with Section 7-601 of this Code shall, for 
a violation of this Section, other than a violation of 
subsection (a-5), pay a fine of $100 and receive a disposition 
of court supervision. The person must, on the date that the 
period of court supervision is scheduled to terminate, produce 
satisfactory evidence that the vehicle was covered by the 
required liability insurance policy during the entire period of 
court supervision.
    An officer of the court designated under subsection (c) may 
also review liability insurance documentation under this 
subsection (c-5) to determine if the motor vehicle is, as of 
the date of the court appearance, covered by a liability 
insurance policy in accordance with Section 7-601 of this Code. 
The officer of the court shall also determine, on the date the 
period of court supervision is scheduled to terminate, whether 
the vehicle was covered by the required policy during the 
entire period of court supervision.

    (d) A person convicted a third or subsequent time of 
violating this
Section or a similar provision of a local 
ordinance must give proof to the
Secretary of State of the 
person's financial responsibility as defined in
Section 7-315.  
The person must maintain the proof in a manner satisfactory to

the Secretary for a minimum period of 3 years after the date 
the proof is
first filed.  The Secretary must suspend the 
driver's license of any person
determined by the Secretary not 
to have provided adequate proof of financial
responsibility as 
required by this subsection.

(Source: P.A. 99-613, eff. 1-1-17.)

 



    (625 ILCS 5/7-601)  (from Ch. 95 1/2, par. 7-601)



    Sec. 7-601. Required liability insurance policy. 

    (a) No person shall operate, register or maintain 
registration of, and no
owner shall permit another person to 
operate, register or maintain registration
of, a motor vehicle 
designed to be used on a public highway in this State unless 
the motor
vehicle is covered by a liability insurance policy.

    The insurance policy shall be issued in amounts no less 
than the minimum
amounts set for bodily injury or death and for 
destruction of property under
Section 7-203 of this Code, and 
shall be issued in accordance with the
requirements of Sections 
143a and 143a-2 of the Illinois Insurance Code, as
amended.  No 
insurer other than an insurer authorized to do business in this

State shall issue a policy pursuant to this Section for any 
vehicle subject to
registration under this Code.  Nothing herein 
shall deprive an insurer of any
policy defense available at 
common law.

    (b) The following vehicles are exempt from the requirements 
of this Section:


        (1) vehicles subject to the provisions of Chapters 8 or 
    18a, Article
III or Section 7-609 of Chapter 7, or
Sections 
    12-606 or 12-707.01 of Chapter 12 of this Code;


        (2) vehicles required to file proof of liability 
    insurance with the
Illinois Commerce Commission;


        (3) vehicles covered by a certificate of 
    self-insurance under Section
7-502 of this Code;


        (4) vehicles owned by the United States, the State of 
    Illinois, or any
political subdivision, municipality or 
    local mass transit district;


        (5) implements of husbandry;


        (6) other vehicles complying with laws which require 
    them to be insured
in amounts meeting or exceeding the 
    minimum amounts required under this
Section; and


        (7) inoperable or stored vehicles that are not 
    operated, as defined by
rules and regulations of the 
    Secretary.

    (c) Every employee of a State agency, as that term is 
defined in the
Illinois State Auditing Act,
who is assigned a

specific vehicle owned or leased by the State on an ongoing 
basis shall provide
the certification described in this Section 
annually to the director or chief
executive officer of his or 
her agency.

    The certification shall affirm that the employee is duly 
licensed to
drive the assigned vehicle and that (i) the 
employee has liability insurance
coverage extending to the 
employee when the assigned vehicle is used for other
than 
official State business, or (ii) the employee has filed
a bond 
with the Secretary of State as proof of financial 
responsibility, in an
amount equal to, or in excess of the 
requirements stated within this Section.
Upon request of the 
agency director or chief executive officer, the employee
shall 
present evidence to
support
the certification.

    The certification shall be provided during the period July 
1 through July
31 of each calendar year, or within 30 days of 
any new assignment of a vehicle
on
an ongoing basis, whichever 
is later.

    The employee's authorization to use the assigned vehicle 
shall
automatically
be rescinded upon:


        (1) the revocation or suspension of the license 
    required to drive the
assigned vehicle;


        (2) the cancellation or termination for any reason of 
    the automobile
liability insurance coverage as required in 
    item (c) (i); or


        (3) the termination of the bond filed with the 
    Secretary of State.

    All State employees providing the required certification 
shall immediately
notify the agency director or chief executive 
officer in the event any of these
actions occur.

    All peace
officers employed by a State agency who are 
primarily responsible for
prevention and detection of crime and 
the enforcement of the criminal, traffic,
or
highway laws of 
this State, and prohibited by agency rule or policy to use an

assigned vehicle owned or leased by the State for regular 
personal or off-duty
use, are exempt from the requirements of 
this Section.

(Source: P.A. 91-661, eff. 12-22-99.)