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Public Act 096-0143 |
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AN ACT concerning transportation, which may be referred to | ||||
as the Michael Dean Law.
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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 | ||||
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 | ||||
motor vehicle is covered by a
liability insurance policy in | ||||
accordance with Section 7-601 of this Code.
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(a-5) A person commits the offense of operation of | ||||
uninsured motor vehicle causing bodily harm when the person: | ||||
(1) operates a motor vehicle in violation of Section | ||||
7-601 of this Code; and | ||||
(2) causes, as a proximate result of the person's | ||||
operation of the motor vehicle, bodily harm to another | ||||
person. | ||||
(a-6) Uninsured operation of a motor vehicle under | ||||
subsection (a-5) is a Class A misdemeanor. | ||||
(b) Any person who fails to comply with a request by a law | ||||
enforcement
officer for display of evidence of insurance, as | ||||
required under Section
7-602 of this Code, shall be deemed to |
be operating an uninsured motor vehicle.
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(c) Except as provided in subsections subsection (a-6) and | ||
(c-5), any operator of a motor vehicle subject to registration | ||
under this
Code
who is convicted of violating this Section is | ||
guilty of a business
offense and shall be required to pay a | ||
fine in excess of $500, but
not more than $1,000. However, no | ||
person charged with violating this
Section shall be convicted | ||
if such person produces in court satisfactory
evidence that at | ||
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 | ||
this Code.
The chief judge of each circuit may designate an | ||
officer of the court to
review the documentation demonstrating | ||
that at the time of arrest the motor
vehicle was covered by a | ||
liability insurance policy in accordance with Section
7-601 of | ||
this Code. | ||
(c-1) A person convicted of violating this Section shall | ||
also have his or her driver's license, permit, or privileges | ||
suspended for 3 months. After the expiration of the 3 months, | ||
the person's driver's license, permit, or privileges shall not | ||
be reinstated until he or she has paid a reinstatement fee of | ||
$100. If a person violates this Section while his or her | ||
driver's license, permit, or privileges are suspended under | ||
this subsection (c-1), his or her driver's license, permit, or | ||
privileges shall be suspended for an additional 6 months and | ||
until he or she pays the reinstatement fee.
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(c-5) A person who (i) has not previously been convicted of |
or received a disposition of court supervision for violating | ||
this Section and (ii) produces at his or her court appearance | ||
satisfactory evidence that the motor vehicle is covered, as of | ||
the date of the court appearance, by a liability insurance | ||
policy in accordance with Section 7-601 of this Code shall, for | ||
a violation of this Section, other than a violation of | ||
subsection (a-5), pay a fine of $100 and receive a disposition | ||
of court supervision. The person must, on the date that the | ||
period of court supervision is scheduled to terminate, produce | ||
satisfactory evidence that the vehicle was covered by the | ||
required liability insurance policy during the entire period of | ||
court supervision. | ||
An officer of the court designated under subsection (c) may | ||
also review liability insurance documentation under this | ||
subsection (c-5) to determine if the motor vehicle is, as of | ||
the date of the court appearance, covered by a liability | ||
insurance policy in accordance with Section 7-601 of this Code. | ||
The officer of the court shall also determine, on the date the | ||
period of court supervision is scheduled to terminate, whether | ||
the vehicle was covered by the required policy during the | ||
entire period of court supervision.
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(d) A person convicted a third or subsequent time of | ||
violating this
Section or a similar provision of a local | ||
ordinance must give proof to the
Secretary of State of the | ||
person's financial responsibility as defined in
Section 7-315. | ||
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 | ||
the proof is
first filed. The Secretary must suspend the | ||
driver's license of any person
determined by the Secretary not | ||
to have provided adequate proof of financial
responsibility as | ||
required by this subsection.
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(Source: P.A. 94-1035, eff. 7-1-07; 95-211, eff. 1-1-08; | ||
95-686, eff. 6-1-08; 95-876, eff. 8-21-08.)
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