Full Text of HB4649 95th General Assembly
HB4649ham002 95TH GENERAL ASSEMBLY
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Rep. John E. Bradley
Filed: 3/11/2008
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09500HB4649ham002 |
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LRB095 16937 RLC 48101 a |
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| AMENDMENT TO HOUSE BILL 4649
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| AMENDMENT NO. ______. Amend House Bill 4649, AS AMENDED, by | 3 |
| replacing the title with the following: | 4 |
| "AN ACT concerning vehicles, which may be referred to as | 5 |
| the Michael Dean Law."; and | 6 |
| by replacing everything after the enacting clause with the | 7 |
| following:
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| "Section 5. The Illinois Vehicle Code is amended by | 9 |
| changing Section 3-707 as follows:
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| (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
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| (Text of Section after amendment by P.A. 95-686 ) | 12 |
| Sec. 3-707. Operation of uninsured motor vehicle - penalty.
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| (a) No person
shall operate a motor vehicle unless the | 14 |
| motor vehicle is covered by a
liability insurance policy in | 15 |
| accordance with Section 7-601 of this Code.
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LRB095 16937 RLC 48101 a |
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| (a-5) A person commits the offense of uninsured operation | 2 |
| of a motor vehicle when he or she: | 3 |
| (1) operates a motor vehicle in violation of Section | 4 |
| 7-601 of this Code; and | 5 |
| (2) causes bodily harm to another person that was the | 6 |
| proximate result of the driver's uninsured operation of the | 7 |
| motor vehicle. | 8 |
| (a-6) Uninsured operation of a motor vehicle under | 9 |
| subsection (a-5) is a Class A misdemeanor. | 10 |
| (b) Any person who fails to comply with a request by a law | 11 |
| enforcement
officer for display of evidence of insurance, as | 12 |
| required under Section
7-602 of this Code, shall be deemed to | 13 |
| be operating an uninsured motor vehicle.
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| (c) Except as provided in subsection (c-5), any operator of | 15 |
| a motor vehicle subject to registration under this
Code
who is | 16 |
| convicted of violating this Section is guilty of a business
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| offense and shall be required to pay a fine in excess of $500, | 18 |
| but
not more than $1,000. However, no person charged with | 19 |
| violating this
Section shall be convicted if such person | 20 |
| produces in court satisfactory
evidence that at the time of the | 21 |
| arrest the motor vehicle was covered by a
liability insurance | 22 |
| policy in accordance with Section 7-601 of this Code.
The chief | 23 |
| judge of each circuit may designate an officer of the court to
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| review the documentation demonstrating that at the time of | 25 |
| arrest the motor
vehicle was covered by a liability insurance | 26 |
| policy in accordance with Section
7-601 of this Code. |
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LRB095 16937 RLC 48101 a |
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| (c-1) A person convicted of violating this Section shall | 2 |
| also have his or her driver's license, permit, or privileges | 3 |
| suspended for 3 months. After the expiration of the 3 months, | 4 |
| the person's driver's license, permit, or privileges shall not | 5 |
| be reinstated until he or she has paid a reinstatement fee of | 6 |
| $100. If a person violates this Section while his or her | 7 |
| driver's license, permit, or privileges are suspended under | 8 |
| this subsection (c-1), his or her driver's license, permit, or | 9 |
| privileges shall be suspended for an additional 6 months and | 10 |
| until he or she pays the reinstatement fee.
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| (c-5) A person who (i) has not previously been convicted of | 12 |
| or received a disposition of court supervision for violating | 13 |
| this Section and (ii) produces at his or her court appearance | 14 |
| satisfactory evidence that the motor vehicle is covered, as of | 15 |
| the date of the court appearance, by a liability insurance | 16 |
| policy in accordance with Section 7-601 of this Code shall, for | 17 |
| a violation of this Section, other than a violation of | 18 |
| subsection (a-5), pay a fine of $100 and receive a disposition | 19 |
| of court supervision. The person must, on the date that the | 20 |
| period of court supervision is scheduled to terminate, produce | 21 |
| satisfactory evidence that the vehicle was covered by the | 22 |
| required liability insurance policy during the entire period of | 23 |
| court supervision. | 24 |
| An officer of the court designated under subsection (c) may | 25 |
| also review liability insurance documentation under this | 26 |
| subsection (c-5) to determine if the motor vehicle is, as of |
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LRB095 16937 RLC 48101 a |
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| the date of the court appearance, covered by a liability | 2 |
| insurance policy in accordance with Section 7-601 of this Code. | 3 |
| The officer of the court shall also determine, on the date the | 4 |
| period of court supervision is scheduled to terminate, whether | 5 |
| the vehicle was covered by the required policy during the | 6 |
| entire period of court supervision.
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| (d) A person convicted a third or subsequent time of | 8 |
| violating this
Section or a similar provision of a local | 9 |
| ordinance must give proof to the
Secretary of State of the | 10 |
| person's financial responsibility as defined in
Section 7-315. | 11 |
| The person must maintain the proof in a manner satisfactory to
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| the Secretary for a minimum period of 3 years after the date | 13 |
| the proof is
first filed. The Secretary must suspend the | 14 |
| driver's license of any person
determined by the Secretary not | 15 |
| to have provided adequate proof of financial
responsibility as | 16 |
| required by this subsection.
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| (Source: P.A. 94-1035, eff. 7-1-07; 95-211, eff. 1-1-08; | 18 |
| 95-686, eff. 6-1-08; revised 11-16-07.)".
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