102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0574

 

Introduced 2/23/2021, by Sen. Brian W. Stewart

 

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

    Amends the Illinois Vehicle Code. Provides that certain penalties regarding the operation of an uninsured motor vehicle apply to any operator of a motor vehicle subject to registration under a law of another state that is similar to the Code.


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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
5changing Section 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 -
8penalty.
9    (a) No person shall operate a motor vehicle in this State
10unless the motor vehicle is covered by a liability insurance
11policy in accordance with Section 7-601 of this Code.
12    (a-5) A person commits the offense of operation of
13uninsured motor vehicle causing bodily harm when the person:
14        (1) operates a motor vehicle in violation of Section
15    7-601 of this Code; and
16        (2) causes, as a proximate result of the person's
17    operation of the motor vehicle, bodily harm to another
18    person.
19    (a-6) Uninsured operation of a motor vehicle under
20subsection (a-5) is a Class A misdemeanor. If a person
21convicted of the offense of operation of a motor vehicle under
22subsection (a-5) has previously been convicted of 2 or more
23violations of subsection (a-5) of this Section or of Section

 

 

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17-601 of this Code, a fine of $2,500, in addition to any
2sentence of incarceration, must be imposed.
3    (b) Any person who fails to comply with a request by a law
4enforcement officer for display of evidence of insurance, as
5required under Section 7-602 of this Code, shall be deemed to
6be operating an uninsured motor vehicle.
7    (c) Except as provided in subsections (a-6) and (c-5), any
8operator of a motor vehicle subject to registration under this
9Code, or under a similar law of another state, who is convicted
10of violating this Section is guilty of a petty offense and
11shall be required to pay a fine in excess of $500, but not more
12than $1,000, except a person convicted of a third or
13subsequent violation of this Section shall be guilty of a
14business offense and shall be required to pay a fine of $1,000.
15However, no person charged with violating this Section shall
16be convicted if such person produces in court satisfactory
17evidence that at the time of the arrest the motor vehicle was
18covered by a liability insurance policy in accordance with
19Section 7-601 of this Code. The chief judge of each circuit may
20designate an officer of the court to review the documentation
21demonstrating that at the time of arrest the motor vehicle was
22covered by a liability insurance policy in accordance with
23Section 7-601 of this Code.
24    (c-1) A person convicted of violating this Section shall
25also have his or her driver's license, permit, or privileges
26suspended for 3 months. After the expiration of the 3 months,

 

 

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1the person's driver's license, permit, or privileges shall not
2be reinstated until he or she has paid a reinstatement fee of
3$100. If a person violates this Section while his or her
4driver's license, permit, or privileges are suspended under
5this subsection (c-1), his or her driver's license, permit, or
6privileges shall be suspended for an additional 6 months and
7until he or she pays the reinstatement fee.
8    (c-5) A person who (i) has not previously been convicted
9of or received a disposition of court supervision for
10violating this Section and (ii) produces at his or her court
11appearance satisfactory evidence that the motor vehicle is
12covered, as of the date of the court appearance, by a liability
13insurance policy in accordance with Section 7-601 of this Code
14shall, for a violation of this Section, other than a violation
15of subsection (a-5), pay a fine of $100 and receive a
16disposition of court supervision. The person must, on the date
17that the period of court supervision is scheduled to
18terminate, produce satisfactory evidence that the vehicle was
19covered by the required liability insurance policy during the
20entire period of court supervision.
21    An officer of the court designated under subsection (c)
22may also review liability insurance documentation under this
23subsection (c-5) to determine if the motor vehicle is, as of
24the date of the court appearance, covered by a liability
25insurance policy in accordance with Section 7-601 of this
26Code. The officer of the court shall also determine, on the

 

 

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1date the period of court supervision is scheduled to
2terminate, whether the vehicle was covered by the required
3policy during the entire period of court supervision.
4    (d) A person convicted a third or subsequent time of
5violating this Section or a similar provision of a local
6ordinance must give proof to the Secretary of State of the
7person's financial responsibility as defined in Section 7-315.
8The person must maintain the proof in a manner satisfactory to
9the Secretary for a minimum period of 3 years after the date
10the proof is first filed. The Secretary must suspend the
11driver's license of any person determined by the Secretary not
12to have provided adequate proof of financial responsibility as
13required by this subsection.
14(Source: P.A. 99-613, eff. 1-1-17; 100-202, eff. 1-1-18.)