Bill Text: IL HB3874 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Reinforces that no person shall operate, register, or maintain registration of a motor vehicle in this State unless the motor vehicle is covered by a liability insurance policy.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0202 [HB3874 Detail]
Download: Illinois-2017-HB3874-Introduced.html
Bill Title: Amends the Illinois Vehicle Code. Reinforces that no person shall operate, register, or maintain registration of a motor vehicle in this State unless the motor vehicle is covered by a liability insurance policy.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0202 [HB3874 Detail]
Download: Illinois-2017-HB3874-Introduced.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 | Sections 3-707 and 7-601 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. | ||||||
2 | (b) Any person who fails to comply with a request by a law | ||||||
3 | enforcement
officer for display of evidence of insurance, as | ||||||
4 | required under Section
7-602 of this Code, shall be deemed to | ||||||
5 | be operating an uninsured motor vehicle.
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6 | (c) Except as provided in subsections (a-6) and (c-5), any | ||||||
7 | operator of a motor vehicle subject to registration under this
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8 | Code
who is convicted of violating this Section is guilty of a | ||||||
9 | petty
offense and shall be required to pay a fine in excess of | ||||||
10 | $500, but
not more than $1,000, except a person convicted of a | ||||||
11 | third or subsequent violation of this Section shall be guilty | ||||||
12 | of a business offense and shall be required to pay a fine of | ||||||
13 | $1,000. However, no person charged with violating this
Section | ||||||
14 | shall be convicted if such person produces in court | ||||||
15 | satisfactory
evidence that at the time of the arrest the motor | ||||||
16 | vehicle was covered by a
liability insurance policy in | ||||||
17 | accordance with Section 7-601 of this Code.
The chief judge of | ||||||
18 | each circuit may designate an officer of the court to
review | ||||||
19 | the documentation demonstrating that at the time of arrest the | ||||||
20 | motor
vehicle was covered by a liability insurance policy in | ||||||
21 | accordance with Section
7-601 of this Code. | ||||||
22 | (c-1) A person convicted of violating this Section shall | ||||||
23 | also have his or her driver's license, permit, or privileges | ||||||
24 | suspended for 3 months. After the expiration of the 3 months, | ||||||
25 | the person's driver's license, permit, or privileges shall not | ||||||
26 | be reinstated until he or she has paid a reinstatement fee of |
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1 | $100. If a person violates this Section while his or her | ||||||
2 | driver's license, permit, or privileges are suspended under | ||||||
3 | this subsection (c-1), his or her driver's license, permit, or | ||||||
4 | privileges shall be suspended for an additional 6 months and | ||||||
5 | until he or she pays the reinstatement fee.
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6 | (c-5) A person who (i) has not previously been convicted of | ||||||
7 | or received a disposition of court supervision for violating | ||||||
8 | this Section and (ii) produces at his or her court appearance | ||||||
9 | satisfactory evidence that the motor vehicle is covered, as of | ||||||
10 | the date of the court appearance, by a liability insurance | ||||||
11 | policy in accordance with Section 7-601 of this Code shall, for | ||||||
12 | a violation of this Section, other than a violation of | ||||||
13 | subsection (a-5), pay a fine of $100 and receive a disposition | ||||||
14 | of court supervision. The person must, on the date that the | ||||||
15 | period of court supervision is scheduled to terminate, produce | ||||||
16 | satisfactory evidence that the vehicle was covered by the | ||||||
17 | required liability insurance policy during the entire period of | ||||||
18 | court supervision. | ||||||
19 | An officer of the court designated under subsection (c) may | ||||||
20 | also review liability insurance documentation under this | ||||||
21 | subsection (c-5) to determine if the motor vehicle is, as of | ||||||
22 | the date of the court appearance, covered by a liability | ||||||
23 | insurance policy in accordance with Section 7-601 of this Code. | ||||||
24 | The officer of the court shall also determine, on the date the | ||||||
25 | period of court supervision is scheduled to terminate, whether | ||||||
26 | the vehicle was covered by the required policy during the |
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1 | entire period of court supervision.
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2 | (d) A person convicted a third or subsequent time of | ||||||
3 | violating this
Section or a similar provision of a local | ||||||
4 | ordinance must give proof to the
Secretary of State of the | ||||||
5 | person's financial responsibility as defined in
Section 7-315. | ||||||
6 | The person must maintain the proof in a manner satisfactory to
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7 | the Secretary for a minimum period of 3 years after the date | ||||||
8 | the proof is
first filed. The Secretary must suspend the | ||||||
9 | driver's license of any person
determined by the Secretary not | ||||||
10 | to have provided adequate proof of financial
responsibility as | ||||||
11 | required by this subsection.
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12 | (Source: P.A. 99-613, eff. 1-1-17 .)
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13 | (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
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14 | Sec. 7-601. Required liability insurance policy.
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15 | (a) No person shall operate, register or maintain | ||||||
16 | registration of, and no
owner shall permit another person to | ||||||
17 | operate, register or maintain registration
of, a motor vehicle | ||||||
18 | designed to be used on a public highway in this State unless | ||||||
19 | the motor
vehicle is covered by a liability insurance policy.
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20 | The insurance policy shall be issued in amounts no less | ||||||
21 | than the minimum
amounts set for bodily injury or death and for | ||||||
22 | destruction of property under
Section 7-203 of this Code, and | ||||||
23 | shall be issued in accordance with the
requirements of Sections | ||||||
24 | 143a and 143a-2 of the Illinois Insurance Code, as
amended. No | ||||||
25 | insurer other than an insurer authorized to do business in this
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1 | State shall issue a policy pursuant to this Section for any | ||||||
2 | vehicle subject to
registration under this Code. Nothing herein | ||||||
3 | shall deprive an insurer of any
policy defense available at | ||||||
4 | common law.
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5 | (b) The following vehicles are exempt from the requirements | ||||||
6 | of this Section:
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7 | (1) vehicles subject to the provisions of Chapters 8 or | ||||||
8 | 18a, Article
III or Section 7-609 of Chapter 7, or
Sections | ||||||
9 | 12-606 or 12-707.01 of Chapter 12 of this Code;
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10 | (2) vehicles required to file proof of liability | ||||||
11 | insurance with the
Illinois Commerce Commission;
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12 | (3) vehicles covered by a certificate of | ||||||
13 | self-insurance under Section
7-502 of this Code;
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14 | (4) vehicles owned by the United States, the State of | ||||||
15 | Illinois, or any
political subdivision, municipality or | ||||||
16 | local mass transit district;
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17 | (5) implements of husbandry;
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18 | (6) other vehicles complying with laws which require | ||||||
19 | them to be insured
in amounts meeting or exceeding the | ||||||
20 | minimum amounts required under this
Section; and
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21 | (7) inoperable or stored vehicles that are not | ||||||
22 | operated, as defined by
rules and regulations of the | ||||||
23 | Secretary.
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24 | (c) Every employee of a State agency, as that term is | ||||||
25 | defined in the
Illinois State Auditing Act,
who is assigned a
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26 | specific vehicle owned or leased by the State on an ongoing |
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1 | basis shall provide
the certification described in this Section | ||||||
2 | annually to the director or chief
executive officer of his or | ||||||
3 | her agency.
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4 | The certification shall affirm that the employee is duly | ||||||
5 | licensed to
drive the assigned vehicle and that (i) the | ||||||
6 | employee has liability insurance
coverage extending to the | ||||||
7 | employee when the assigned vehicle is used for other
than | ||||||
8 | official State business, or (ii) the employee has filed
a bond | ||||||
9 | with the Secretary of State as proof of financial | ||||||
10 | responsibility, in an
amount equal to, or in excess of the | ||||||
11 | requirements stated within this Section.
Upon request of the | ||||||
12 | agency director or chief executive officer, the employee
shall | ||||||
13 | present evidence to
support
the certification.
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14 | The certification shall be provided during the period July | ||||||
15 | 1 through July
31 of each calendar year, or within 30 days of | ||||||
16 | any new assignment of a vehicle
on
an ongoing basis, whichever | ||||||
17 | is later.
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18 | The employee's authorization to use the assigned vehicle | ||||||
19 | shall
automatically
be rescinded upon:
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20 | (1) the revocation or suspension of the license | ||||||
21 | required to drive the
assigned vehicle;
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22 | (2) the cancellation or termination for any reason of | ||||||
23 | the automobile
liability insurance coverage as required in | ||||||
24 | item (c) (i); or
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25 | (3) the termination of the bond filed with the | ||||||
26 | Secretary of State.
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1 | All State employees providing the required certification | ||||||
2 | shall immediately
notify the agency director or chief executive | ||||||
3 | officer in the event any of these
actions occur.
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4 | All peace
officers employed by a State agency who are | ||||||
5 | primarily responsible for
prevention and detection of crime and | ||||||
6 | the enforcement of the criminal, traffic,
or
highway laws of | ||||||
7 | this State, and prohibited by agency rule or policy to use an
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8 | assigned vehicle owned or leased by the State for regular | ||||||
9 | personal or off-duty
use, are exempt from the requirements of | ||||||
10 | this Section.
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11 | (Source: P.A. 91-661, eff. 12-22-99.)
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