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Public Act 100-0202 | ||||
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AN ACT concerning transportation.
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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 | ||||
Sections 3-707 and 7-601 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 in this State | ||||
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. If a person | ||||
convicted of the offense of operation of a motor vehicle under | ||||
subsection (a-5) has previously been convicted of 2 or more | ||||
violations of subsection (a-5) of this Section or of Section | ||||
7-601 of this Code, a fine of $2,500, in addition to any |
sentence of incarceration, must be imposed. | ||
(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 (a-6) and (c-5), any | ||
operator of a motor vehicle subject to registration under this
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Code
who is convicted of violating this Section is guilty of a | ||
petty
offense and shall be required to pay a fine in excess of | ||
$500, but
not more than $1,000, except a person convicted of a | ||
third or subsequent violation of this Section shall be guilty | ||
of a business offense and shall be required to pay a fine of | ||
$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
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. 99-613, eff. 1-1-17 .)
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(625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
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Sec. 7-601. Required liability insurance policy.
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(a) No person shall operate, register or maintain | ||
registration of, and no
owner shall permit another person to | ||
operate, register or maintain registration
of, a motor vehicle | ||
designed to be used on a public highway in this State unless | ||
the motor
vehicle is covered by a liability insurance policy.
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The insurance policy shall be issued in amounts no less | ||
than the minimum
amounts set for bodily injury or death and for | ||
destruction of property under
Section 7-203 of this Code, and | ||
shall be issued in accordance with the
requirements of Sections | ||
143a and 143a-2 of the Illinois Insurance Code, as
amended. No | ||
insurer other than an insurer authorized to do business in this
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State shall issue a policy pursuant to this Section for any | ||
vehicle subject to
registration under this Code. Nothing herein | ||
shall deprive an insurer of any
policy defense available at | ||
common law.
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(b) The following vehicles are exempt from the requirements | ||
of this Section:
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(1) vehicles subject to the provisions of Chapters 8 or | ||
18a, Article
III or Section 7-609 of Chapter 7, or
Sections | ||
12-606 or 12-707.01 of Chapter 12 of this Code;
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(2) vehicles required to file proof of liability | ||
insurance with the
Illinois Commerce Commission;
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(3) vehicles covered by a certificate of | ||
self-insurance under Section
7-502 of this Code;
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(4) vehicles owned by the United States, the State of | ||
Illinois, or any
political subdivision, municipality or | ||
local mass transit district;
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(5) implements of husbandry;
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(6) other vehicles complying with laws which require | ||
them to be insured
in amounts meeting or exceeding the | ||
minimum amounts required under this
Section; and
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(7) inoperable or stored vehicles that are not | ||
operated, as defined by
rules and regulations of the | ||
Secretary.
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(c) Every employee of a State agency, as that term is | ||
defined in the
Illinois State Auditing Act,
who is assigned a
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specific vehicle owned or leased by the State on an ongoing |
basis shall provide
the certification described in this Section | ||
annually to the director or chief
executive officer of his or | ||
her agency.
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The certification shall affirm that the employee is duly | ||
licensed to
drive the assigned vehicle and that (i) the | ||
employee has liability insurance
coverage extending to the | ||
employee when the assigned vehicle is used for other
than | ||
official State business, or (ii) the employee has filed
a bond | ||
with the Secretary of State as proof of financial | ||
responsibility, in an
amount equal to, or in excess of the | ||
requirements stated within this Section.
Upon request of the | ||
agency director or chief executive officer, the employee
shall | ||
present evidence to
support
the certification.
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The certification shall be provided during the period July | ||
1 through July
31 of each calendar year, or within 30 days of | ||
any new assignment of a vehicle
on
an ongoing basis, whichever | ||
is later.
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The employee's authorization to use the assigned vehicle | ||
shall
automatically
be rescinded upon:
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(1) the revocation or suspension of the license | ||
required to drive the
assigned vehicle;
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(2) the cancellation or termination for any reason of | ||
the automobile
liability insurance coverage as required in | ||
item (c) (i); or
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(3) the termination of the bond filed with the | ||
Secretary of State.
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All State employees providing the required certification | ||
shall immediately
notify the agency director or chief executive | ||
officer in the event any of these
actions occur.
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All peace
officers employed by a State agency who are | ||
primarily responsible for
prevention and detection of crime and | ||
the enforcement of the criminal, traffic,
or
highway laws of | ||
this State, and prohibited by agency rule or policy to use an
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assigned vehicle owned or leased by the State for regular | ||
personal or off-duty
use, are exempt from the requirements of | ||
this Section.
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(Source: P.A. 91-661, eff. 12-22-99.)
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