101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2151

 

Introduced , by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-707  from Ch. 95 1/2, par. 3-707

    Amends the Illinois Vehicle Code. Creates the offense of operation of an uninsured motor vehicle causing death, a Class 4 felony. Provides that if a person convicted of the offense of uninsured operation of a motor vehicle causing death has previously been convicted 2 or more times of uninsured operation of a motor vehicle, operation of an uninsured motor vehicle causing bodily harm, or operation of an uninsured motor vehicle causing death, a fine of $5,000 in addition to any sentence of incarceration shall be imposed. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 3-707 as follows:
 
6    (625 ILCS 5/3-707)  (from Ch. 95 1/2, par. 3-707)
7    Sec. 3-707. Operation of uninsured motor vehicle - penalty.
8    (a) No person shall operate a motor vehicle in this State
9unless the motor vehicle is covered by a liability insurance
10policy in accordance with Section 7-601 of this Code.
11    (a-5) A person commits the offense of operation of
12uninsured motor vehicle causing bodily harm when the person:
13        (1) operates a motor vehicle in violation of Section
14    7-601 of this Code; and
15        (2) causes, as a proximate result of the person's
16    operation of the motor vehicle, bodily harm to another
17    person.
18    (a-6) Uninsured operation of a motor vehicle under
19subsection (a-5) is a Class A misdemeanor. If a person
20convicted of the offense of operation of a motor vehicle under
21subsection (a-5) has previously been convicted of 2 or more
22violations of subsection (a-5) of this Section or of Section
237-601 of this Code, a fine of $2,500, in addition to any

 

 

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1sentence of incarceration, must be imposed.
2    (a-7) A person commits the offense of operation of an
3uninsured motor vehicle causing death when the person:
4        (1) operates a motor vehicle in violation of Section
5    7-601 of this Code; and
6        (2) causes, as a proximate result of the person's
7    operation of the motor vehicle, the death of one or more
8    persons.
9    (a-8) uninsured operation of a motor vehicle under
10subsection (a-7) is a Class 4 felony. If a person convicted of
11the offense of operation of a motor vehicle under subsection
12(a-7) has previously been convicted of 2 or more violations of
13subsection (a-5) or (a-7) of this Section or of Section 7-601
14of this Code, a fine of $5,000, in addition to any sentence of
15incarceration, shall be imposed.
16    (b) Any person who fails to comply with a request by a law
17enforcement officer for display of evidence of insurance, as
18required under Section 7-602 of this Code, shall be deemed to
19be operating an uninsured motor vehicle.
20    (c) Except as provided in subsections (a-6), (a-8), and
21(c-5), any operator of a motor vehicle subject to registration
22under this Code who is convicted of violating this Section is
23guilty of a petty offense and shall be required to pay a fine
24in excess of $500, but not more than $1,000, except a person
25convicted of a third or subsequent violation of this Section
26shall be guilty of a business offense and shall be required to

 

 

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1pay a fine of $1,000. However, no person charged with violating
2this Section shall be convicted if such person produces in
3court satisfactory evidence that at the time of the arrest the
4motor vehicle was covered by a liability insurance policy in
5accordance with Section 7-601 of this Code. The chief judge of
6each circuit may designate an officer of the court to review
7the documentation demonstrating that at the time of arrest the
8motor vehicle was covered by a liability insurance policy in
9accordance with Section 7-601 of this Code.
10    (c-1) A person convicted of violating this Section shall
11also have his or her driver's license, permit, or privileges
12suspended for 3 months. After the expiration of the 3 months,
13the person's driver's license, permit, or privileges shall not
14be reinstated until he or she has paid a reinstatement fee of
15$100. If a person violates this Section while his or her
16driver's license, permit, or privileges are suspended under
17this subsection (c-1), his or her driver's license, permit, or
18privileges shall be suspended for an additional 6 months and
19until he or she pays the reinstatement fee.
20    (c-5) A person who (i) has not previously been convicted of
21or received a disposition of court supervision for violating
22this Section and (ii) produces at his or her court appearance
23satisfactory evidence that the motor vehicle is covered, as of
24the date of the court appearance, by a liability insurance
25policy in accordance with Section 7-601 of this Code shall, for
26a violation of this Section, other than a violation of

 

 

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1subsection (a-5), pay a fine of $100 and receive a disposition
2of court supervision. The person must, on the date that the
3period of court supervision is scheduled to terminate, produce
4satisfactory evidence that the vehicle was covered by the
5required liability insurance policy during the entire period of
6court supervision.
7    An officer of the court designated under subsection (c) may
8also review liability insurance documentation under this
9subsection (c-5) to determine if the motor vehicle is, as of
10the date of the court appearance, covered by a liability
11insurance policy in accordance with Section 7-601 of this Code.
12The officer of the court shall also determine, on the date the
13period of court supervision is scheduled to terminate, whether
14the vehicle was covered by the required policy during the
15entire period of court supervision.
16    (d) A person convicted a third or subsequent time of
17violating this Section or a similar provision of a local
18ordinance must give proof to the Secretary of State of the
19person's financial responsibility as defined in Section 7-315.
20The person must maintain the proof in a manner satisfactory to
21the Secretary for a minimum period of 3 years after the date
22the proof is first filed. The Secretary must suspend the
23driver's license of any person determined by the Secretary not
24to have provided adequate proof of financial responsibility as
25required by this subsection.
26(Source: P.A. 99-613, eff. 1-1-17; 100-202, eff. 1-1-18.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.