Bill Text: IL HB2829 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that uninsured operation of a motor vehicle causing great bodily harm, permanent disability, or death to another person is a Class 4 felony, with a minimum fine of $10,000 and a driver's license revocation for one year. Provides that a second or subsequent violation of operation of a motor vehicle resulting in great bodily harm, permanent disability, or death to another person is a Class 3 felony, with a minimum fine of $20,000 and a lifetime driving privilege revocation. Provides that if a person convicted of uninsured operation of a motor vehicle resulting in great bodily harm, permanent disability, or death to another person has previously been convicted of one or more violations of driving without liability insurance, a fine of $3,000 (rather than $2,500) shall be imposed. Makes conforming changes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2829 Detail]

Download: Illinois-2017-HB2829-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2829 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
625 ILCS 5/3-707 from Ch. 95 1/2, par. 3-707
625 ILCS 5/6-205
Amends the Illinois Vehicle Code. Provides that uninsured operation of a motor vehicle causing great bodily harm, permanent disability, or death to another person is a Class 4 felony, with a minimum fine of $10,000 and a driver's license revocation for one year. Provides that a second or subsequent violation of operation of a motor vehicle resulting in great bodily harm, permanent disability, or death to another person is a Class 3 felony, with a minimum fine of $20,000 and a lifetime driving privilege revocation. Provides that if a person convicted of uninsured operation of a motor vehicle resulting in great bodily harm, permanent disability, or death to another person has previously been convicted of one or more violations of driving without liability insurance, a fine of $3,000 (rather than $2,500) shall be imposed. Makes conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-707 and 6-205 as follows:
(625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
Sec. 3-707. Operation of uninsured motor vehicle - penalty.
(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.
(a-5) A person commits the offense of operation of
uninsured motor vehicle causing great bodily harm, permanent
disability, or death 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, great bodily harm,
permanent disability, or death to another person.
(a-6) Uninsured operation of a motor vehicle under
subsection (a-5) is a Class 4 felony with a minimum fine of
$10,000 A misdemeanor. If a person is convicted of the offense
of operation of a motor vehicle for a second or subsequent
violation under subsection (a-5) has previously been convicted

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of 2 or more violations of subsection (a-5) of this Section, he
or she is guilty of a Class 3 felony, and shall be fined a
minimum of $20,000. If a person convicted of the offense of
operation of a motor vehicle under subsection (a-5) has
previously been convicted of one or more violations or of
Section 7-601 of this Code, a fine of $3,000 $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.
(c) Except as provided in subsections (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
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
second 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

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accordance with Section 7-601 of this Code.
(c-1) Except for subsection (a-5), a 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. A person convicted of
violating subsection (a-5) for a first violation shall have his
or her driver's license, permit, or privileges revoked for one
year. For a second or subsequent violation of subsection (a-5),
he or she shall be subject to lifetime revocation of driving
privileges. 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.
(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

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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.
(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
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.
(Source: P.A. 99-613, eff. 1-1-17.)
(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit;

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Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;

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7. Conviction of any offense defined in Section 4-102
of this Code;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was

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revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance;
18. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State; .

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19. Conviction of an offense under subsection (a-5) of
Section 3-707 of this Code relating to the operation of an
uninsured motor vehicle causing great bodily harm,
permanent disability, or death to another person. A second
or subsequent conviction of an offense under subsection
(a-5) of Section 3-707 of this Code shall result in a
lifetime revocation of driving privileges.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court.

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(c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard to
whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from daycare; if the
petitioner is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted

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driving permit.
(1.5) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation, or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(B) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a

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restricted driving permit under this paragraph (1.5), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and the
results of regular alcohol or drug tests. Persons subject
to the provisions of paragraph 4 of subsection (b) of
Section 6-208 of this Code and who have been convicted of
more than one violation of paragraph (3), paragraph (4), or
paragraph (5) of subsection (a) of Section 11-501 of this
Code shall not be eligible to apply for a restricted
driving permit.
A restricted driving permit issued under this
paragraph (1.5) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c) of
this Section and subparagraph (A) of paragraph 3 of
subsection (c) of Section 6-206 of this Code. The Secretary
may revoke a restricted driving permit or amend the
conditions of a restricted driving permit issued under this
paragraph (1.5) if the holder operates a vehicle that is
not equipped with an ignition interlock device, or for any
other reason authorized under this Code.
A restricted driving permit issued under this
paragraph (1.5) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is subsequently
convicted of a violation of Section 11-501 of this Code, a

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similar provision of a local ordinance, or a similar
offense in another state.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the
offense, or a similar out-of-state offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or

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(iii) a suspension pursuant to Section
6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
subparagraph (C) or (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide where the
use of alcohol or other drugs was recited as an element
of the offense, or a similar provision of a law of
another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes. For any

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person who, within a 5-year period, is convicted of a
second or subsequent offense under Section 11-501 of this
Code, or a similar provision of a local ordinance or
similar out-of-state offense, this employment exemption
does not apply until either a one-year period has elapsed
during which that person had his or her driving privileges
revoked or a one-year period has elapsed during which that
person had a restricted driving permit which required the
use of an ignition interlock device on every motor vehicle
owned or operated by that person.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems
appropriate, except that the permit shall expire within one
year from the date of issuance. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall
be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the petitioner to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is

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authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be
issued until the individual has served 6 months of the
revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state offense,

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the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one-year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,

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or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(3.5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that

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person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within
a 5-year period, is convicted of a second or subsequent
offense under Section 11-501 of this Code, or a similar
provision of a local ordinance or similar out-of-state
offense, this employment exemption does not apply until
either a one-year period has elapsed during which that
person had his or her driving privileges revoked or a
one-year period has elapsed during which that person had a
restricted driving permit which required the use of an
ignition interlock device on every motor vehicle owned or
operated by that person.
(6) A restricted driving permit issued under this

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Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of

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this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
or a similar provision of a local ordinance. The person must
pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 for each month that he or she uses the
device. The Secretary shall establish by rule and regulation
the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock
device under this subsection (h), that person shall only
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5) of
this Section.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person
whose driving privileges have been revoked under paragraph 16
of subsection (a) of this Section that his or her driving

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privileges and driver's license will be revoked 90 days from
the date of the mailing of the notice.
(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff.
7-28-16.)