Bill Text: IL HB3450 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that it is aggravated fleeing or attempting to eluding a peace officer if the person causes death to another individual as a result of the fleeing or attempted eluding. Provides that if death is caused to a person other than a peace officer or first responder, the violation constitutes a Class 2 felony and if death is caused to a peace officer or first responder, the violation constitutes a Class 1 felony.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3450 Detail]

Download: Illinois-2019-HB3450-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3450 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-204.1 from Ch. 95 1/2, par. 11-204.1
Amends the Illinois Vehicle Code. Provides that it is aggravated fleeing or attempting to eluding a peace officer if the person causes death to another individual as a result of the fleeing or attempted eluding. Provides that if death is caused to a person other than a peace officer or first responder, the violation constitutes a Class 2 felony and if death is caused to a peace officer or first responder, the violation constitutes a Class 1 felony.
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CORRECTIONAL BUDGET AND IMPACT 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
Section 11-204.1 as follows:
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempting to elude a
peace officer.
(a) The offense of aggravated fleeing or attempting to
elude a peace officer is committed by any driver or operator of
a motor vehicle who flees or attempts to elude a peace officer,
after being given a visual or audible signal by a peace officer
in the manner prescribed in subsection (a) of Section 11-204 of
this Code, and such flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per hour
over the legal speed limit;
(2) causes bodily injury to any individual;
(2.1) causes death to a person other than a peace
officer or first responder;
(2.2) causes death to a peace officer or first
responder;
(3) causes damage in excess of $300 to property;
(4) involves disobedience of 2 or more official traffic

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control devices; or
(5) involves the concealing or altering of the
vehicle's registration plate.
(b) Any person convicted of a first violation of paragraph
(1), (2), (3), (4), or (5) of subsection (a) of this Section
shall be guilty of a Class 4 felony. Upon notice of such a
conviction the Secretary of State shall forthwith revoke the
driver's license of the person so convicted, as provided in
Section 6-205 of this Code. Any person convicted of a second or
subsequent violation of paragraph (1), (2), (3), (4), or (5) of
subsection (a) of this Section shall be guilty of a Class 3
felony, and upon notice of such a conviction the Secretary of
State shall forthwith revoke the driver's license of the person
convicted, as provided in Section 6-205 of the Code. Any person
convicted of a violation of paragraph (2.1) of subsection (a)
of this Section is guilty of a Class 2 felony. Any person
convicted of a violation of paragraph (2.2) of subsection (a)
of this Section is guilty of a Class 1 felony.
(c) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012.
(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13;
97-1150, eff. 1-25-13.)