103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1807

 

Introduced 2/9/2023, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-204  from Ch. 95 1/2, par. 11-204
625 ILCS 5/11-204.1  from Ch. 95 1/2, par. 11-204.1

    Amends the Illinois Vehicle Code. Provides that fleeing or attempting to elude a peace officer is a Class 4 felony instead of a Class A misdemeanor, and that a third or subsequent violation is a Class 3 felony instead of a Class 4 felony. Provides that aggravated fleeing or attempting to elude a peace officer is a Class 3 felony instead of a Class 4 felony, and that a second or subsequent violation is a Class 2 felony instead of a Class 3 felony. Effective immediately.


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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 Sections 11-204 and 11-204.1 as follows:
 
6    (625 ILCS 5/11-204)  (from Ch. 95 1/2, par. 11-204)
7    Sec. 11-204. Fleeing or attempting to elude a peace
8officer.
9    (a) Any driver or operator of a motor vehicle who, having
10been given a visual or audible signal by a peace officer
11directing such driver or operator to bring his vehicle to a
12stop, wilfully fails or refuses to obey such direction,
13increases his speed, extinguishes his lights, or otherwise
14flees or attempts to elude the officer, is guilty of a Class 4
15felony A misdemeanor. The signal given by the peace officer
16may be by hand, voice, siren, red or blue light. Provided, the
17officer giving such signal shall be in police uniform, and, if
18driving a vehicle, such vehicle shall display illuminated
19oscillating, rotating or flashing red or blue lights which
20when used in conjunction with an audible horn or siren would
21indicate the vehicle to be an official police vehicle. Such
22requirement shall not preclude the use of amber or white
23oscillating, rotating or flashing lights in conjunction with

 

 

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1red or blue oscillating, rotating or flashing lights as
2required in Section 12-215 of Chapter 12.
3    (b) Upon receiving notice of such conviction the Secretary
4of State shall suspend the drivers license of the person so
5convicted for a period of not more than 6 months for a first
6conviction and not more than 12 months for a second
7conviction.
8    (c) A third or subsequent violation of this Section is a
9Class 3 4 felony.
10(Source: P.A. 93-120, eff. 1-1-04.)
 
11    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)
12    Sec. 11-204.1. Aggravated fleeing or attempting to elude a
13peace officer.
14    (a) The offense of aggravated fleeing or attempting to
15elude a peace officer is committed by any driver or operator of
16a motor vehicle who flees or attempts to elude a peace officer,
17after being given a visual or audible signal by a peace officer
18in the manner prescribed in subsection (a) of Section 11-204
19of this Code, and such flight or attempt to elude:
20        (1) is at a rate of speed at least 21 miles per hour
21    over the legal speed limit;
22        (2) causes bodily injury to any individual;
23        (3) causes damage in excess of $300 to property;
24        (4) involves disobedience of 2 or more official
25    traffic control devices; or

 

 

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1        (5) involves the concealing or altering of the
2    vehicle's registration plate or digital registration
3    plate.
4    (b) Any person convicted of a first violation of this
5Section shall be guilty of a Class 3 4 felony. Upon notice of
6such a conviction the Secretary of State shall forthwith
7revoke the driver's license of the person so convicted, as
8provided in Section 6-205 of this Code. Any person convicted
9of a second or subsequent violation of this Section shall be
10guilty of a Class 2 3 felony, and upon notice of such a
11conviction the Secretary of State shall forthwith revoke the
12driver's license of the person convicted, as provided in
13Section 6-205 of the Code.
14    (c) The motor vehicle used in a violation of this Section
15is subject to seizure and forfeiture as provided in Sections
1636-1 and 36-2 of the Criminal Code of 2012.
17(Source: P.A. 101-395, eff. 8-16-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.