Full Text of HB5630 97th General Assembly
HB5630eng 97TH GENERAL ASSEMBLY |
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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 adding | 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 unless the | 9 | | motor vehicle is covered by a
liability insurance policy in | 10 | | accordance with Section 7-601 of this Code.
| 11 | | (a-2) A person commits operation of an uninsured motor | 12 | | vehicle causing damage to property 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, damage to property. | 17 | | In addition to any other penalty provided by law, a person | 18 | | convicted of a violation of this subsection (a-2) shall be | 19 | | ordered to pay restitution in an amount equal to the cost of | 20 | | repairing the property damage resulting from the violation of | 21 | | this subsection (a-2). | 22 | | (a-5) A person commits the offense of operation of | 23 | | uninsured motor vehicle causing bodily harm when the person: |
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| 1 | | (1) operates a motor vehicle in violation of Section | 2 | | 7-601 of this Code; and | 3 | | (2) causes, as a proximate result of the person's | 4 | | operation of the motor vehicle, bodily harm to another | 5 | | person. | 6 | | (a-6) Uninsured operation of a motor vehicle under | 7 | | subsection (a-5) is a Class A misdemeanor. If a person | 8 | | convicted of the offense of operation of a motor vehicle under | 9 | | subsection (a-5) has previously been convicted of 2 or more | 10 | | violations of subsection (a-5) of this Section or of Section | 11 | | 7-601 of this Code, a fine of $2,500, in addition to any | 12 | | sentence of incarceration, must be imposed. | 13 | | (b) Any person who fails to comply with a request by a law | 14 | | enforcement
officer for display of evidence of insurance, as | 15 | | required under Section
7-602 of this Code, shall be deemed to | 16 | | be operating an uninsured motor vehicle.
| 17 | | (c) Except as provided in subsections (a-6) and (c-5), any | 18 | | operator of a motor vehicle subject to registration under this
| 19 | | Code
who is convicted of violating this Section is guilty of a | 20 | | business
offense and shall be required to pay a fine in excess | 21 | | of $500, but
not more than $1,000, except a person convicted of | 22 | | a third or subsequent violation of this Section shall be | 23 | | required to pay a fine of $1,000. However, no person charged | 24 | | with violating this
Section shall be convicted if such person | 25 | | produces in court satisfactory
evidence that at the time of the | 26 | | arrest the motor vehicle was covered by a
liability insurance |
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| 1 | | policy in accordance with Section 7-601 of this Code.
The chief | 2 | | judge of each circuit may designate an officer of the court to
| 3 | | review the documentation demonstrating that at the time of | 4 | | arrest the motor
vehicle was covered by a liability insurance | 5 | | policy in accordance with Section
7-601 of this Code. | 6 | | (c-1) A person convicted of violating this Section shall | 7 | | also have his or her driver's license, permit, or privileges | 8 | | suspended for 3 months. After the expiration of the 3 months, | 9 | | the person's driver's license, permit, or privileges shall not | 10 | | be reinstated until he or she has paid a reinstatement fee of | 11 | | $100. If a person violates this Section while his or her | 12 | | driver's license, permit, or privileges are suspended under | 13 | | this subsection (c-1), his or her driver's license, permit, or | 14 | | privileges shall be suspended for an additional 6 months and | 15 | | until he or she pays the reinstatement fee.
| 16 | | (c-5) A person who (i) has not previously been convicted of | 17 | | or received a disposition of court supervision for violating | 18 | | this Section and (ii) produces at his or her court appearance | 19 | | satisfactory evidence that the motor vehicle is covered, as of | 20 | | the date of the court appearance, by a liability insurance | 21 | | policy in accordance with Section 7-601 of this Code shall, for | 22 | | a violation of this Section, other than a violation of | 23 | | subsection (a-2) or (a-5), pay a fine of $100 and receive a | 24 | | disposition of court supervision. The person must, on the date | 25 | | that the period of court supervision is scheduled to terminate, | 26 | | produce satisfactory evidence that the vehicle was covered by |
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| 1 | | the required liability insurance policy during the entire | 2 | | period of court supervision. | 3 | | An officer of the court designated under subsection (c) may | 4 | | also review liability insurance documentation under this | 5 | | subsection (c-5) to determine if the motor vehicle is, as of | 6 | | the date of the court appearance, covered by a liability | 7 | | insurance policy in accordance with Section 7-601 of this Code. | 8 | | The officer of the court shall also determine, on the date the | 9 | | period of court supervision is scheduled to terminate, whether | 10 | | the vehicle was covered by the required policy during the | 11 | | entire period of court supervision.
| 12 | | (d) A person convicted a third or subsequent time of | 13 | | violating this
Section or a similar provision of a local | 14 | | ordinance must give proof to the
Secretary of State of the | 15 | | person's financial responsibility as defined in
Section 7-315. | 16 | | The person must maintain the proof in a manner satisfactory to
| 17 | | the Secretary for a minimum period of 3 years after the date | 18 | | the proof is
first filed. The Secretary must suspend the | 19 | | driver's license of any person
determined by the Secretary not | 20 | | to have provided adequate proof of financial
responsibility as | 21 | | required by this subsection.
| 22 | | (Source: P.A. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)
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