Illinois General Assembly - Full Text of SB3821
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Full Text of SB3821  102nd General Assembly

SB3821 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3821

 

Introduced 1/21/2022, 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 office while in a stolen vehicle is a Class 4 felony, and a third or subsequent violation of fleeing or attempting to elude a peace office while in a stolen vehicle is a Class 2 felony. Provides that aggravated fleeing or attempting to elude a peace officer while in a stolen vehicle is a Class 3 felony, and that a second or subsequent violation of aggravated fleeing or attempting to elude a peace officer while in a stolen vehicle is a Class 1 felony. Effective immediately.


LRB102 24419 RAM 33653 b

 

 

A BILL FOR

 

SB3821LRB102 24419 RAM 33653 b

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 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

 

 

SB3821- 2 -LRB102 24419 RAM 33653 b

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

 

 

SB3821- 3 -LRB102 24419 RAM 33653 b

1        (3) causes damage in excess of $300 to property;
2        (4) involves disobedience of 2 or more official
3    traffic control devices; or
4        (5) involves the concealing or altering of the
5    vehicle's registration plate or digital registration
6    plate.
7    (b) Any person convicted of a first violation of this
8Section shall be guilty of a Class 4 felony. Upon notice of
9such a conviction the Secretary of State shall forthwith
10revoke the driver's license of the person so convicted, as
11provided in Section 6-205 of this Code. Any person convicted
12of a second or subsequent violation of this Section shall be
13guilty of a Class 3 felony, and upon notice of such a
14conviction the Secretary of State shall forthwith revoke the
15driver's license of the person convicted, as provided in
16Section 6-205 of the Code. A person convicted of a violation of
17subsection (a) while in a stolen vehicle is guilty of a Class 3
18felony. A person convicted of a second or subsequent violation
19of subsection (a) while in a stolen vehicle is guilty of a
20Class 1 felony.
21    (c) The motor vehicle used in a violation of this Section
22is subject to seizure and forfeiture as provided in Sections
2336-1 and 36-2 of the Criminal Code of 2012.
24(Source: P.A. 101-395, eff. 8-16-19.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.