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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 ABmisdemeanor. 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 felonyA misdemeanorif 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 34felony 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 3427 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.)