Full Text of HB4610 98th General Assembly
HB4610 98TH GENERAL ASSEMBLY |
| | 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.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB4610 | | LRB098 19311 MLW 54463 b |
|
| 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 | | 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 | 8 | | officer.
| 9 | | (a) Any driver or operator of a motor vehicle who, having | 10 | | been given a
visual or audible signal by a peace officer | 11 | | directing such driver or
operator to bring his vehicle to a | 12 | | stop, wilfully fails or refuses to obey
such direction, | 13 | | increases his speed, extinguishes his lights, or otherwise
| 14 | | flees or attempts to elude the officer, is guilty of a Class A
| 15 | | misdemeanor.
The signal given by the peace officer may be by | 16 | | hand, voice, siren, red or
blue light. Provided, the officer | 17 | | giving such signal shall be in police
uniform, and, if driving | 18 | | a vehicle, such vehicle shall display
illuminated oscillating, | 19 | | rotating or flashing red or blue lights which when
used in | 20 | | conjunction with an audible horn or siren would indicate the
| 21 | | vehicle to be an official police vehicle.
Such requirement | 22 | | shall not preclude the use of amber or white
oscillating, | 23 | | rotating or flashing lights in conjunction with red or blue
|
| | | HB4610 | - 2 - | LRB098 19311 MLW 54463 b |
|
| 1 | | oscillating, rotating or flashing lights as required in Section | 2 | | 12-215 of
Chapter 12.
| 3 | | (b) Upon receiving notice of such conviction the Secretary | 4 | | of State
shall suspend the drivers license of the person so | 5 | | convicted for a
period of not more than 6 months for a first | 6 | | conviction and not more than 12
months for a second conviction.
| 7 | | (c) A second third or subsequent violation of this Section
| 8 | | is 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 | 12 | | peace
officer. | 13 | | (a) The offense of aggravated fleeing or attempting to | 14 | | elude a peace officer
is committed by any driver or operator of | 15 | | a motor vehicle who flees or attempts
to elude a peace officer, | 16 | | after being given a visual or audible
signal
by a peace officer | 17 | | in the manner prescribed in subsection (a) of
Section
11-204 of | 18 | | this 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 |
| | | HB4610 | - 3 - | LRB098 19311 MLW 54463 b |
|
| 1 | | vehicle's registration plate. | 2 | | (b) Any person convicted of a first violation of this | 3 | | Section shall be
guilty of a Class 3 4 felony. Upon notice of | 4 | | such a conviction the Secretary
of State shall forthwith revoke | 5 | | the driver's license of the person so
convicted, as provided in | 6 | | Section 6-205 of this Code. Any person convicted
of a second or | 7 | | subsequent violation of this Section shall be guilty of a Class | 8 | | 2
3
felony,
and upon notice of such a conviction the Secretary | 9 | | of State shall forthwith
revoke the driver's license of the | 10 | | person convicted, as provided in Section
6-205 of the Code.
| 11 | | (c) The motor vehicle used in a violation of this Section | 12 | | is subject to
seizure and forfeiture as provided in Sections | 13 | | 36-1 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; | 15 | | 97-1150, eff. 1-25-13.)
|
|