State of Illinois
90th General Assembly
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90_HB1015

      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.  Increase the penalties
      for fleeing or attempting  to  elude  a  police  officer  and
      aggravated fleeing or attempting to elude a police officer.
                                                     LRB9004295NTsb
                                               LRB9004295NTsb
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Sections 11-204 and 11-204.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Vehicle  Code  is amended by
 6    changing Sections 11-204 and 11-204.1 as follows:
 7        (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
 8        Sec.  11-204.  Fleeing  or  attempting  to  elude  police
 9    officer. (a) Any driver or operator of a motor  vehicle  who,
10    having  been  given  a  visual  or  audible signal by a peace
11    officer directing  such  driver  or  operator  to  bring  his
12    vehicle  to  a  stop,  wilfully fails or refuses to obey such
13    direction, increases his speed, extinguishes his  lights,  or
14    otherwise  flees  or attempts to elude the officer, is guilty
15    of a Class A B misdemeanor. The signal  given  by  the  peace
16    officer  may  be  by  hand,  voice, siren, red or blue light.
17    Provided, the officer giving such signal shall be  in  police
18    uniform,  and,  if  driving  a  vehicle,  such  vehicle shall
19    display illuminated oscillating, rotating or flashing red  or
20    blue  lights  which  when used in conjunction with an audible
21    horn or siren would indicate the vehicle to  be  an  official
22    police  vehicle.  Such requirement shall not preclude the use
23    of amber or white oscillating, rotating or flashing lights in
24    conjunction  with  red  or  blue  oscillating,  rotating   or
25    flashing lights as required in Section 12-215 of Chapter 12.
26        (b)  Upon   receiving   notice  of  such  conviction  the
27    Secretary of State may forthwith suspend the drivers  license
28    of  the  person  so convicted for a period of not more than 6
29    months.
30    (Source: P.A. 85-830.)
                            -2-                LRB9004295NTsb
 1        (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
 2        Sec. 11-204.1.  Aggravated fleeing or attempt to elude  a
 3    police officer.
 4        (a)  The  offense  of aggravated fleeing or attempting to
 5    elude a police officer is committed by any driver or operator
 6    of a motor vehicle who flees or attempts to  elude  a  police
 7    officer,  after  being  given a visual or audible signal by a
 8    police officer in the manner prescribed in subsection (a)  of
 9    Section  11-204  of  this Code, and such flight or attempt to
10    elude:
11             (1)  is at a rate of speed at  least  21  miles  per
12        hour over the legal speed limit; and
13             (2)  causes  bodily  injury  to  any  individual  or
14        causes damage in excess of $300 to private property.
15        (b)  Any  person convicted of a violation of this Section
16    shall be guilty of a Class 4  felony  A  misdemeanor  if  the
17    flight or attempt to elude causes damage in excess of $300 to
18    private  property.   Any  person  convicted of a violation of
19    this Section shall be guilty of a Class 3  4  felony  if  the
20    flight  or  attempt  to  elude  causes  bodily  injury to any
21    individual. Upon notice of such a conviction the Secretary of
22    State shall forthwith revoke  the  driver's  license  of  the
23    person  so  convicted,  as  provided in Section 6-205 of this
24    Code.  Any  person  convicted  of  a  second  or   subsequent
25    violation  of  this  Section  within  five years of any prior
26    conviction of this Section shall be guilty of  a  Class  3  4
27    felony, and upon notice of such a conviction the Secretary of
28    State  shall  forthwith  revoke  the  driver's license of the
29    person convicted, as provided in Section 6-205 of the Code.
30    (Source: P.A. 88-679, eff. 7-1-95.)

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