98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4610

 

Introduced , by Rep. John M. Cabello

 

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 a second violation for fleeing or attempting to elude a peace officer (rather than a third violation) is a Class 4 felony. Increases the penalty for a first violation of aggravated fleeing or attempting to elude a peace officer from a Class 4 felony to a Class 3 felony, and increases the penalty for a second or subsequent violation of aggravated fleeing or attempting to elude a peace officer from a Class 3 felony to a Class 2 felony.


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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
5Sections 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 A
15misdemeanor. The signal given by the peace officer may be by
16hand, voice, siren, red or blue light. Provided, the officer
17giving such signal shall be in police uniform, and, if driving
18a vehicle, such vehicle shall display illuminated oscillating,
19rotating or flashing red or blue lights which when used in
20conjunction with an audible horn or siren would indicate the
21vehicle to be an official police vehicle. Such requirement
22shall not preclude the use of amber or white oscillating,
23rotating or flashing lights in conjunction with red or blue

 

 

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1oscillating, rotating or flashing lights as required in Section
212-215 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 conviction.
7    (c) A second third or subsequent violation of this Section
8is a Class 4 felony.
9(Source: P.A. 93-120, eff. 1-1-04.)
 
10    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)
11    Sec. 11-204.1. Aggravated fleeing or attempting to elude a
12peace officer.
13    (a) The offense of aggravated fleeing or attempting to
14elude a peace officer is committed by any driver or operator of
15a motor vehicle who flees or attempts to elude a peace officer,
16after being given a visual or audible signal by a peace officer
17in the manner prescribed in subsection (a) of Section 11-204 of
18this Code, and such flight or attempt to elude:
19        (1) is at a rate of speed at least 21 miles per hour
20    over the legal speed limit;
21        (2) causes bodily injury to any individual;
22        (3) causes damage in excess of $300 to property;
23        (4) involves disobedience of 2 or more official traffic
24    control devices; or
25        (5) involves the concealing or altering of the

 

 

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1    vehicle's registration plate.
2    (b) Any person convicted of a first violation of this
3Section shall be guilty of a Class 3 4 felony. Upon notice of
4such a conviction the Secretary of State shall forthwith revoke
5the driver's license of the person so convicted, as provided in
6Section 6-205 of this Code. Any person convicted of a second or
7subsequent violation of this Section shall be guilty of a Class
82 3 felony, and upon notice of such a conviction the Secretary
9of State shall forthwith revoke the driver's license of the
10person convicted, as provided in Section 6-205 of the Code.
11    (c) The motor vehicle used in a violation of this Section
12is subject to seizure and forfeiture as provided in Sections
1336-1 and 36-2 of the Criminal Code of 2012.
14(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13;
1597-1150, eff. 1-25-13.)