Full Text of SB3247 101st General Assembly
SB3247 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3247 Introduced 2/11/2020, by Sen. Brian W. Stewart SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-707 | from Ch. 95 1/2, par. 3-707 |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | 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 - penalty.
| 8 | | (a) No person
shall operate a motor vehicle in this State | 9 | | unless the motor vehicle is covered by a
liability insurance | 10 | | policy in accordance with Section 7-601 of this Code.
| 11 | | (a-5) A person commits the offense of operation of | 12 | | uninsured motor vehicle causing bodily harm when the person: | 13 | | (1) operates a motor vehicle in violation of Section | 14 | | 7-601 of this Code; and | 15 | | (2) causes, as a proximate result of the person's | 16 | | operation of the motor vehicle, bodily harm to another | 17 | | person. | 18 | | (a-6) Uninsured operation of a motor vehicle under | 19 | | subsection (a-5) is a Class A misdemeanor. If a person | 20 | | convicted of the offense of operation of a motor vehicle under | 21 | | subsection (a-5) has previously been convicted of 2 or more | 22 | | violations of subsection (a-5) of this Section or of Section | 23 | | 7-601 of this Code, a fine of $2,500, in addition to any |
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| 1 | | sentence of incarceration, must be imposed. | 2 | | (b) Any person who fails to comply with a request by a law | 3 | | enforcement
officer for display of evidence of insurance, as | 4 | | required under Section
7-602 of this Code, shall be deemed to | 5 | | be operating an uninsured motor vehicle.
| 6 | | (c) Except as provided in subsections (a-6) and (c-5), any | 7 | | operator of a motor vehicle subject to registration under this
| 8 | | Code , or under a similar law of another state,
who is convicted | 9 | | of violating this Section is guilty of a petty
offense and | 10 | | shall be required to pay a fine in excess of $500, but
not more | 11 | | than $1,000, except a person convicted of a third or subsequent | 12 | | violation of this Section shall be guilty of a business offense | 13 | | and shall be required to pay a fine of $1,000. However, no | 14 | | person charged with violating this
Section shall be convicted | 15 | | if such person produces in court satisfactory
evidence that at | 16 | | the time of the arrest the motor vehicle was covered by a
| 17 | | liability insurance policy in accordance with Section 7-601 of | 18 | | this Code.
The chief judge of each circuit may designate an | 19 | | officer of the court to
review the documentation demonstrating | 20 | | that at the time of arrest the motor
vehicle was covered by a | 21 | | liability insurance policy in accordance with Section
7-601 of | 22 | | this Code. | 23 | | (c-1) A person convicted of violating this Section shall | 24 | | also have his or her driver's license, permit, or privileges | 25 | | suspended for 3 months. After the expiration of the 3 months, | 26 | | the person's driver's license, permit, or privileges shall not |
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| 1 | | be reinstated until he or she has paid a reinstatement fee of | 2 | | $100. If a person violates this Section while his or her | 3 | | driver's license, permit, or privileges are suspended under | 4 | | this subsection (c-1), his or her driver's license, permit, or | 5 | | privileges shall be suspended for an additional 6 months and | 6 | | until he or she pays the reinstatement fee.
| 7 | | (c-5) A person who (i) has not previously been convicted of | 8 | | or received a disposition of court supervision for violating | 9 | | this Section and (ii) produces at his or her court appearance | 10 | | satisfactory evidence that the motor vehicle is covered, as of | 11 | | the date of the court appearance, by a liability insurance | 12 | | policy in accordance with Section 7-601 of this Code shall, for | 13 | | a violation of this Section, other than a violation of | 14 | | subsection (a-5), pay a fine of $100 and receive a disposition | 15 | | of court supervision. The person must, on the date that the | 16 | | period of court supervision is scheduled to terminate, produce | 17 | | satisfactory evidence that the vehicle was covered by the | 18 | | required liability insurance policy during the entire period of | 19 | | court supervision. | 20 | | An officer of the court designated under subsection (c) may | 21 | | also review liability insurance documentation under this | 22 | | subsection (c-5) to determine if the motor vehicle is, as of | 23 | | the date of the court appearance, covered by a liability | 24 | | insurance policy in accordance with Section 7-601 of this Code. | 25 | | The officer of the court shall also determine, on the date the | 26 | | period of court supervision is scheduled to terminate, whether |
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| 1 | | the vehicle was covered by the required policy during the | 2 | | entire period of court supervision.
| 3 | | (d) A person convicted a third or subsequent time of | 4 | | violating this
Section or a similar provision of a local | 5 | | ordinance must give proof to the
Secretary of State of the | 6 | | person's financial responsibility as defined in
Section 7-315. | 7 | | The person must maintain the proof in a manner satisfactory to
| 8 | | the Secretary for a minimum period of 3 years after the date | 9 | | the proof is
first filed. The Secretary must suspend the | 10 | | driver's license of any person
determined by the Secretary not | 11 | | to have provided adequate proof of financial
responsibility as | 12 | | required by this subsection.
| 13 | | (Source: P.A. 99-613, eff. 1-1-17; 100-202, eff. 1-1-18 .)
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