Bill Text: IL HB2151 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Illinois Vehicle Code. Provides that, if a person is convicted of a third or subsequent offense of operation of an insured motor vehicle and the offense causes, as a proximate result of the person's operation of the motor vehicle, the death of one or more persons, the person is guilty of a Class 2 felony. Effective January 1, 2020.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2019-05-10 - Rule 3-9(a) / Re-referred to Assignments [HB2151 Detail]
Download: Illinois-2019-HB2151-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 3-707 as follows:
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6 | (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
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7 | Sec. 3-707. Operation of uninsured motor vehicle - penalty.
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8 | (a) No person
shall operate a motor vehicle in this State | ||||||
9 | unless the motor vehicle is covered by a
liability insurance | ||||||
10 | policy in accordance with Section 7-601 of this Code.
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11 | (a-5) A person commits the offense of operation of | ||||||
12 | uninsured motor vehicle causing bodily harm when the person: | ||||||
13 | (1) operates a motor vehicle in violation of Section | ||||||
14 | 7-601 of this Code; and | ||||||
15 | (2) causes, as a proximate result of the person's | ||||||
16 | operation of the motor vehicle, bodily harm to another | ||||||
17 | person. | ||||||
18 | (a-6) Uninsured operation of a motor vehicle under | ||||||
19 | subsection (a-5) is a Class A misdemeanor. If a person | ||||||
20 | convicted of the offense of operation of a motor vehicle under | ||||||
21 | subsection (a-5) has previously been convicted of 2 or more | ||||||
22 | violations of subsection (a-5) of this Section or of Section | ||||||
23 | 7-601 of this Code, a fine of $2,500, in addition to any |
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1 | sentence of incarceration, must be imposed. If a person is | ||||||
2 | convicted of a third or subsequent offense of subsection (a) | ||||||
3 | and the offense causes, as a proximate result of the person's | ||||||
4 | operation of the motor vehicle, the death of one or more | ||||||
5 | persons, the person is guilty of a Class 2 felony. | ||||||
6 | (b) Any person who fails to comply with a request by a law | ||||||
7 | enforcement
officer for display of evidence of insurance, as | ||||||
8 | required under Section
7-602 of this Code, shall be deemed to | ||||||
9 | be operating an uninsured motor vehicle.
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10 | (c) Except as provided in subsections (a-6) and (c-5), any | ||||||
11 | operator of a motor vehicle subject to registration under this
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12 | Code
who is convicted of violating this Section is guilty of a | ||||||
13 | petty
offense and shall be required to pay a fine in excess of | ||||||
14 | $500, but
not more than $1,000, except a person convicted of a | ||||||
15 | third or subsequent violation of this Section shall be guilty | ||||||
16 | of a business offense and shall be required to pay a fine of | ||||||
17 | $1,000. However, no person charged with violating this
Section | ||||||
18 | shall be convicted if such person produces in court | ||||||
19 | satisfactory
evidence that at the time of the arrest the motor | ||||||
20 | vehicle was covered by a
liability insurance policy in | ||||||
21 | accordance with Section 7-601 of this Code.
The chief judge of | ||||||
22 | each circuit may designate an officer of the court to
review | ||||||
23 | the documentation demonstrating that at the time of arrest the | ||||||
24 | motor
vehicle was covered by a liability insurance policy in | ||||||
25 | accordance with Section
7-601 of this Code. | ||||||
26 | (c-1) A person convicted of violating this Section shall |
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1 | also have his or her driver's license, permit, or privileges | ||||||
2 | suspended for 3 months. After the expiration of the 3 months, | ||||||
3 | the person's driver's license, permit, or privileges shall not | ||||||
4 | be reinstated until he or she has paid a reinstatement fee of | ||||||
5 | $100. If a person violates this Section while his or her | ||||||
6 | driver's license, permit, or privileges are suspended under | ||||||
7 | this subsection (c-1), his or her driver's license, permit, or | ||||||
8 | privileges shall be suspended for an additional 6 months and | ||||||
9 | until he or she pays the reinstatement fee.
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10 | (c-5) A person who (i) has not previously been convicted of | ||||||
11 | or received a disposition of court supervision for violating | ||||||
12 | this Section and (ii) produces at his or her court appearance | ||||||
13 | satisfactory evidence that the motor vehicle is covered, as of | ||||||
14 | the date of the court appearance, by a liability insurance | ||||||
15 | policy in accordance with Section 7-601 of this Code shall, for | ||||||
16 | a violation of this Section, other than a violation of | ||||||
17 | subsection (a-5), pay a fine of $100 and receive a disposition | ||||||
18 | of court supervision. The person must, on the date that the | ||||||
19 | period of court supervision is scheduled to terminate, produce | ||||||
20 | satisfactory evidence that the vehicle was covered by the | ||||||
21 | required liability insurance policy during the entire period of | ||||||
22 | court supervision. | ||||||
23 | An officer of the court designated under subsection (c) may | ||||||
24 | also review liability insurance documentation under this | ||||||
25 | subsection (c-5) to determine if the motor vehicle is, as of | ||||||
26 | the date of the court appearance, covered by a liability |
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1 | insurance policy in accordance with Section 7-601 of this Code. | ||||||
2 | The officer of the court shall also determine, on the date the | ||||||
3 | period of court supervision is scheduled to terminate, whether | ||||||
4 | the vehicle was covered by the required policy during the | ||||||
5 | entire period of court supervision.
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6 | (d) A person convicted a third or subsequent time of | ||||||
7 | violating this
Section or a similar provision of a local | ||||||
8 | ordinance must give proof to the
Secretary of State of the | ||||||
9 | person's financial responsibility as defined in
Section 7-315. | ||||||
10 | The person must maintain the proof in a manner satisfactory to
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11 | the Secretary for a minimum period of 3 years after the date | ||||||
12 | the proof is
first filed. The Secretary must suspend the | ||||||
13 | driver's license of any person
determined by the Secretary not | ||||||
14 | to have provided adequate proof of financial
responsibility as | ||||||
15 | required by this subsection.
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16 | (Source: P.A. 99-613, eff. 1-1-17; 100-202, eff. 1-1-18 .)
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17 | Section 99. Effective date. This Act takes effect January | ||||||
18 | 1, 2020.
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