Bill Title: Amends the State Finance Act. Creates the Insurance Verification Fund. Amends the Illinois Vehicle Code. Creates an online insurance verification system with the assistance of an Insurance Verification Advisory Council composed of representatives from the Department of Insurance and the insurance industry. Provides that the online insurance verification system shall key vehicle registration information to current insurance information provided by insurers selling policies within the State. Provides that the Secretary may use the online insurance verification system to verify insurance information. Provides that authorized personnel shall serve as intermediaries for the courts, insurers, law enforcement agencies, and licensing officials to access the system for the purposes of verifying insurance information on a 24-hour basis through the Internet or other electronic system as developed by the Secretary. Provides that the Secretary may contract with a third party to develop the online insurance verification system. Provides that insurers shall provide information as required by the Secretary, and shall add a $1 fee on all policies issued to motorists to be paid into the Insurance Verification Fund for the purpose of operating the online insurance verification system. Provides that insurers that wilfully fail to provide information required by the Secretary shall be guilty of a business offense with a fine of up to $5,000. Provides that insurers shall be immune from liability for complying with the requirements of the Secretary. Provides that a violation of the prohibition on driving without insurance by the owner of a vehicle shall result in the suspension of the driver's license, regardless of whether the owner subsequently acquired insurance or terminated ownership of the vehicle. Provides that a person whose driver's license has been suspended for a violation of driving without insurance must pay a reinstatement fee of $100 and maintain proof of financial responsibility for 3 years. Provides that the Department of Transportation may access the online insurance verification system when compiling an accident report.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-12-29 - Public Act . . . . . . . . . 98-1134
[SB3509 Detail]Download: Illinois-2013-SB3509-Chaptered.html
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Public Act 098-1134
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SB3509 Enrolled | LRB098 16345 MLW 51406 b |
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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 6-308 and 6-601 as follows:
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(625 ILCS 5/6-308) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
Sec. 6-308. Procedures for traffic violations. |
(a) Any person cited for violating this Code or a similar |
provision of a local ordinance for which a violation is a petty |
offense as defined by Section 5-1-17 of the Unified Code of |
Corrections, excluding business offenses as defined by Section |
5-1-2 of the Unified Code of Corrections or a violation of |
Section 15-111 or subsection (d) of Section 3-401 of this Code, |
shall not be required to post bond to secure bail for his or |
her release . When required by Illinois Supreme Court Rule, the |
person shall sign the citation. All other provisions of this |
Code or similar provisions of local ordinances shall be |
governed by the bail provisions of the Illinois Supreme Court |
Rules when it is not practical or feasible to take the person |
before a judge to have bail set or to avoid undue delay because |
of the hour or circumstances. |
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(b) Whenever a person fails to appear in court, the court |
may continue the case for a minimum of 30 days and the clerk of |
the court shall send notice of the continued court date to the |
person's last known address. If the person does not appear in |
court on or before the continued court date or satisfy the |
court that the person's appearance in and surrender to the |
court is impossible for no fault of the person, the court shall |
enter an order of failure to appear. The clerk of the court |
shall notify the Secretary of State , on a report prescribed by |
the Secretary, of the court's order. The Secretary, when |
notified by the clerk of the court that an order of failure to |
appear has been entered, shall immediately suspend the person's |
driver's license, which shall be designated by the Secretary as |
a Failure to Appear suspension. The Secretary shall not remove |
the suspension, nor issue any permit or privileges to the |
person whose license has been suspended, until notified by the |
ordering court that the person has appeared and resolved the |
violation. Upon compliance, the clerk of the court shall |
present the person with a notice of compliance containing the |
seal of the court, and shall notify the Secretary that the |
person has appeared and resolved the violation.
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(Source: P.A. 98-870, eff. 1-1-15.)
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(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
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(Text of Section after amendment by P.A. 98-870 )
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Sec. 6-601. Penalties.
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(a) It is a petty offense for any person to violate any of |
the
provisions of this Chapter unless such violation is by this |
Code or other
law of this State declared to be a misdemeanor or |
a felony.
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(b) General penalties. Unless another penalty is in this |
Code
or other laws of this State, every person convicted of a |
petty
offense for the violation of any provision of this |
Chapter shall be
punished by a fine of not more than $500.
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(c) Unlicensed driving. Except as hereinafter provided a |
violation
of Section 6-101 shall be:
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1. A Class A misdemeanor if the person failed to obtain |
a driver's
license or permit after expiration of a period |
of revocation.
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2. A Class B misdemeanor if the person has been issued |
a driver's license
or permit, which has expired, and if the |
period of expiration is greater than
one year; or if the |
person has never been issued a driver's license or permit,
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or is not qualified to obtain a driver's license or permit |
because of his age.
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3. A petty offense if the person has been issued a |
temporary visitor's driver's license or permit and is |
unable to provide proof of liability insurance as provided |
in subsection (d-5) of Section 6-105.1. |
If a licensee under this Code is convicted of violating |
Section 6-303 for
operating a motor vehicle during a time when |
such licensee's driver's license
was suspended under the |
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provisions of Section 6-306.3 or 6-308, then such act shall be
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a petty offense (provided the licensee has answered the charge |
which was the
basis of the suspension under Section 6-306.3 or |
6-308), and there shall be imposed no
additional like period of |
suspension as provided in paragraph (b) of Section
6-303.
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(d) For violations of this Code or a similar provision of a |
local ordinance for which a violation is a petty offense as |
defined by Section 5-1-17 of the Unified Code of Corrections, |
excluding business offenses as defined by Section 5-1-2 of the |
Unified Code of Corrections or a violation of Section 15-111 or |
subsection (d) of Section 3-401 of this Code, if the violation |
may be satisfied without a court appearance, the violator may, |
pursuant to Supreme Court Rule, satisfy the case with a written |
plea of guilty and payment of fines, penalties, and costs equal |
to the bail amount established by the Supreme Court for the |
offense. |
(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15.)
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Section 10. The Code of Criminal Procedure of 1963 is |
amended by changing Section 110-15 as follows:
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(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
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(Text of Section after amendment by P.A. 98-870 )
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Sec. 110-15. Applicability of provisions for giving and |
taking bail. The provisions of Sections 110-7 and 110-8 of this |
Code are exclusive of
other provisions of law for the giving, |
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taking, or enforcement of bail. In
all cases where a person is |
admitted to bail the provisions of Sections
110-7 and 110-8 of |
this Code shall be applicable.
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However, the Supreme Court may, by rule or order, prescribe |
a uniform
schedule of amounts of bail in all but felony |
offenses. The uniform schedule shall not require a person cited |
for violating the Illinois Vehicle Code or a similar provision |
of a local ordinance for which a violation is a petty offense |
as defined by Section 5-1-17 of the Unified Code of |
Corrections, excluding business offenses as defined by Section |
5-1-2 of the Unified Code of Corrections or a violation of |
Section 15-111 or subsection (d) of Section 3-401 of the |
Illinois Vehicle Code, to post bond to secure bail for his or |
her release. No bail amounts shall be required for petty |
offenses. Such uniform schedule may
provide that the cash |
deposit provisions of Section 110-7 shall not apply
to bail |
amounts established for alleged violations punishable by fine
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alone, and the schedule may further provide that in specified |
traffic cases
a valid Illinois chauffeur's or operator's |
license must be deposited, in
addition to 10% of the amount of |
the bail specified in the schedule.
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(Source: P.A. 98-870, eff. 1-1-15.)
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Section 99. Effective date. This Act takes effect January |
1, 2015.
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