Full Text of HB0275 96th General Assembly
HB0275 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0275
Introduced 1/23/2009, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/3-707 |
from Ch. 95 1/2, par. 3-707 |
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Amends the Illinois Vehicle Code. Creates the offense of uninsured operation of a motor vehicle. Establishes that a person commits that offense by (i) operating a motor vehicle in violation of Section 7-601 of the Vehicle Code, which requires certain motor vehicles operated on public highways to be covered by a liability insurance policy, and (ii) causing bodily harm to another person as a proximate result of the driver's uninsured operation of the motor vehicle. Specifies that uninsured operation of a motor vehicle is a Class A misdemeanor.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0275 |
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LRB096 04773 AJT 14837 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| 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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| Sec. 3-707. Operation of uninsured motor vehicle - penalty.
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| (a) No person
shall operate a motor vehicle unless the | 9 |
| motor vehicle is covered by a
liability insurance policy in | 10 |
| accordance with Section 7-601 of this Code.
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| (a-5) A person commits the offense of uninsured operation | 12 |
| of a motor vehicle 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. | 20 |
| (b) Any person who fails to comply with a request by a law | 21 |
| enforcement
officer for display of evidence of insurance, as | 22 |
| required under Section
7-602 of this Code, shall be deemed to | 23 |
| be operating an uninsured motor vehicle.
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HB0275 |
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LRB096 04773 AJT 14837 b |
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| (c) Except as provided in subsections subsection (a-6) and | 2 |
| (c-5), any operator of a motor vehicle subject to registration | 3 |
| under this
Code
who is convicted of violating this Section is | 4 |
| guilty of a business
offense and shall be required to pay a | 5 |
| fine in excess of $500, but
not more than $1,000. However, no | 6 |
| person charged with violating this
Section shall be convicted | 7 |
| if such person produces in court satisfactory
evidence that at | 8 |
| the time of the arrest the motor vehicle was covered by a
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| liability insurance policy in accordance with Section 7-601 of | 10 |
| this Code.
The chief judge of each circuit may designate an | 11 |
| officer of the court to
review the documentation demonstrating | 12 |
| that at the time of arrest the motor
vehicle was covered by a | 13 |
| liability insurance policy in accordance with Section
7-601 of | 14 |
| this Code. | 15 |
| (c-1) A person convicted of violating this Section shall | 16 |
| also have his or her driver's license, permit, or privileges | 17 |
| suspended for 3 months. After the expiration of the 3 months, | 18 |
| the person's driver's license, permit, or privileges shall not | 19 |
| be reinstated until he or she has paid a reinstatement fee of | 20 |
| $100. If a person violates this Section while his or her | 21 |
| driver's license, permit, or privileges are suspended under | 22 |
| this subsection (c-1), his or her driver's license, permit, or | 23 |
| privileges shall be suspended for an additional 6 months and | 24 |
| until he or she pays the reinstatement fee.
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| (c-5) A person who (i) has not previously been convicted of | 26 |
| or received a disposition of court supervision for violating |
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HB0275 |
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LRB096 04773 AJT 14837 b |
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| this Section and (ii) produces at his or her court appearance | 2 |
| satisfactory evidence that the motor vehicle is covered, as of | 3 |
| the date of the court appearance, by a liability insurance | 4 |
| policy in accordance with Section 7-601 of this Code shall, for | 5 |
| a violation of this Section, other than a violation of | 6 |
| subsection (a-5), pay a fine of $100 and receive a disposition | 7 |
| of court supervision. The person must, on the date that the | 8 |
| period of court supervision is scheduled to terminate, produce | 9 |
| satisfactory evidence that the vehicle was covered by the | 10 |
| required liability insurance policy during the entire period of | 11 |
| court supervision. | 12 |
| An officer of the court designated under subsection (c) may | 13 |
| also review liability insurance documentation under this | 14 |
| subsection (c-5) to determine if the motor vehicle is, as of | 15 |
| the date of the court appearance, covered by a liability | 16 |
| insurance policy in accordance with Section 7-601 of this Code. | 17 |
| The officer of the court shall also determine, on the date the | 18 |
| period of court supervision is scheduled to terminate, whether | 19 |
| the vehicle was covered by the required policy during the | 20 |
| entire period of court supervision.
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| (d) A person convicted a third or subsequent time of | 22 |
| violating this
Section or a similar provision of a local | 23 |
| ordinance must give proof to the
Secretary of State of the | 24 |
| person's financial responsibility as defined in
Section 7-315. | 25 |
| 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 |
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HB0275 |
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LRB096 04773 AJT 14837 b |
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| the proof is
first filed. The Secretary must suspend the | 2 |
| driver's license of any person
determined by the Secretary not | 3 |
| to have provided adequate proof of financial
responsibility as | 4 |
| required by this subsection.
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| (Source: P.A. 94-1035, eff. 7-1-07; 95-211, eff. 1-1-08; | 6 |
| 95-686, eff. 6-1-08; 95-876, eff. 8-21-08.)
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