Bill Text: IL HB4472 | 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. Provides that no person shall operate a motor vehicle registered in another state upon the highways of this State unless the vehicle is covered by a liability insurance policy issued by the state where the vehicle is registered. Provides that the operator of the vehicle shall carry within the vehicle evidence of the insurance. Makes conforming changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-08-13 - Public Act . . . . . . . . . 100-0828 [HB4472 Detail]
Download: Illinois-2017-HB4472-Introduced.html
Bill Title: Amends the Illinois Vehicle Code. Provides that no person shall operate a motor vehicle registered in another state upon the highways of this State unless the vehicle is covered by a liability insurance policy issued by the state where the vehicle is registered. Provides that the operator of the vehicle shall carry within the vehicle evidence of the insurance. Makes conforming changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-08-13 - Public Act . . . . . . . . . 100-0828 [HB4472 Detail]
Download: Illinois-2017-HB4472-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, 3-710, 6-303, and 7-610 and by adding Section | |||||||||||||||||||||||||||
6 | 7-601.5 as follows:
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7 | (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
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8 | Sec. 3-707. Operation of uninsured motor vehicle - penalty.
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9 | (a) No person
shall operate a motor vehicle in this State | |||||||||||||||||||||||||||
10 | unless the motor vehicle is covered by a
liability insurance | |||||||||||||||||||||||||||
11 | policy in accordance with Section 7-601 or 7-601.5 of this | |||||||||||||||||||||||||||
12 | Code.
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13 | (a-5) A person commits the offense of operation of | |||||||||||||||||||||||||||
14 | uninsured motor vehicle causing bodily harm when the person: | |||||||||||||||||||||||||||
15 | (1) operates a motor vehicle in violation of Section | |||||||||||||||||||||||||||
16 | 7-601 or 7-601.5 of this Code; and | |||||||||||||||||||||||||||
17 | (2) causes, as a proximate result of the person's | |||||||||||||||||||||||||||
18 | operation of the motor vehicle, bodily harm to another | |||||||||||||||||||||||||||
19 | person. | |||||||||||||||||||||||||||
20 | (a-6) Uninsured operation of a motor vehicle under | |||||||||||||||||||||||||||
21 | subsection (a-5) is a Class A misdemeanor. If a person | |||||||||||||||||||||||||||
22 | convicted of the offense of operation of a motor vehicle under | |||||||||||||||||||||||||||
23 | subsection (a-5) has previously been convicted of 2 or more |
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1 | violations of subsection (a-5) of this Section or of Section | ||||||
2 | 7-601 or 7-601.5 of this Code, a fine of $2,500, in addition to | ||||||
3 | any sentence of incarceration, must be imposed. | ||||||
4 | (b) Any person who fails to comply with a request by a law | ||||||
5 | enforcement
officer for display of evidence of insurance, as | ||||||
6 | required under Section
7-602 of this Code, shall be deemed to | ||||||
7 | be operating an uninsured motor vehicle.
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8 | (c) Except as provided in subsections (a-6) and (c-5), any | ||||||
9 | operator of a motor vehicle subject to registration under this
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10 | Code
who is convicted of violating this Section is guilty of a | ||||||
11 | petty
offense and shall be required to pay a fine in excess of | ||||||
12 | $500, but
not more than $1,000, except a person convicted of a | ||||||
13 | third or subsequent violation of this Section shall be guilty | ||||||
14 | of a business offense and shall be required to pay a fine of | ||||||
15 | $1,000. However, no person charged with violating this
Section | ||||||
16 | shall be convicted if such person produces in court | ||||||
17 | satisfactory
evidence that at the time of the arrest the motor | ||||||
18 | vehicle was covered by a
liability insurance policy in | ||||||
19 | accordance with Section 7-601 or 7-601.5 of this Code.
The | ||||||
20 | chief judge of each circuit may designate an officer of the | ||||||
21 | court to
review the documentation demonstrating that at the | ||||||
22 | time of arrest the motor
vehicle was covered by a liability | ||||||
23 | insurance policy in accordance with Section
7-601 or 7-601.5 of | ||||||
24 | this Code. | ||||||
25 | (c-1) A person convicted of violating this Section shall | ||||||
26 | also have his or her driver's license, permit, or privileges |
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1 | suspended for 3 months. After the expiration of the 3 months, | ||||||
2 | the person's driver's license, permit, or privileges shall not | ||||||
3 | be reinstated until he or she has paid a reinstatement fee of | ||||||
4 | $100. If a person violates this Section while his or her | ||||||
5 | driver's license, permit, or privileges are suspended under | ||||||
6 | this subsection (c-1), his or her driver's license, permit, or | ||||||
7 | privileges shall be suspended for an additional 6 months and | ||||||
8 | until he or she pays the reinstatement fee.
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9 | (c-5) A person who (i) has not previously been convicted of | ||||||
10 | or received a disposition of court supervision for violating | ||||||
11 | this Section and (ii) produces at his or her court appearance | ||||||
12 | satisfactory evidence that the motor vehicle is covered, as of | ||||||
13 | the date of the court appearance, by a liability insurance | ||||||
14 | policy in accordance with Section 7-601 or 7-601.5 of this Code | ||||||
15 | shall, for a violation of this Section, other than a violation | ||||||
16 | of subsection (a-5), pay a fine of $100 and receive a | ||||||
17 | disposition of court supervision. The person must, on the date | ||||||
18 | that the period of court supervision is scheduled to terminate, | ||||||
19 | produce satisfactory evidence that the vehicle was covered by | ||||||
20 | the required liability insurance policy during the entire | ||||||
21 | period of court supervision. | ||||||
22 | An officer of the court designated under subsection (c) may | ||||||
23 | also review liability insurance documentation under this | ||||||
24 | subsection (c-5) to determine if the motor vehicle is, as of | ||||||
25 | the date of the court appearance, covered by a liability | ||||||
26 | insurance policy in accordance with Section 7-601 or 7-601.5 of |
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1 | this Code. The officer of the court shall also determine, on | ||||||
2 | the date the period of court supervision is scheduled to | ||||||
3 | terminate, whether the vehicle was covered by the required | ||||||
4 | policy during the entire period of court supervision.
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5 | (d) A person convicted a third or subsequent time of | ||||||
6 | violating this
Section or a similar provision of a local | ||||||
7 | ordinance must give proof to the
Secretary of State of the | ||||||
8 | person's financial responsibility as defined in
Section 7-315. | ||||||
9 | The person must maintain the proof in a manner satisfactory to
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10 | the Secretary for a minimum period of 3 years after the date | ||||||
11 | the proof is
first filed. The Secretary must suspend the | ||||||
12 | driver's license of any person
determined by the Secretary not | ||||||
13 | to have provided adequate proof of financial
responsibility as | ||||||
14 | required by this subsection.
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15 | (Source: P.A. 99-613, eff. 1-1-17; 100-202, eff. 1-1-18 .)
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16 | (625 ILCS 5/3-710) (from Ch. 95 1/2, par. 3-710)
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17 | Sec. 3-710. Display of false insurance card. No person | ||||||
18 | shall display
evidence of insurance to a law enforcement | ||||||
19 | officer, court, or officer of
the court, knowing there is no
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20 | valid liability insurance in effect on the motor vehicle as | ||||||
21 | required under
Section 7-601 or 7-601.5 of this Code or knowing | ||||||
22 | the evidence of insurance is
illegally altered, counterfeit, or | ||||||
23 | otherwise invalid as evidence of
insurance required under | ||||||
24 | Section 7-602 of this Code. If the law
enforcement officer | ||||||
25 | issues a citation to a motor vehicle operator for
displaying |
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1 | invalid evidence of insurance, the officer shall confiscate the
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2 | evidence for presentation in court.
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3 | Any person convicted of violating this Section is guilty of | ||||||
4 | a Class A
misdemeanor.
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5 | (Source: P.A. 89-565, eff. 7-26-96.)
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6 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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7 | Sec. 6-303. Driving while driver's license, permit or | ||||||
8 | privilege to
operate a motor vehicle is suspended or revoked.
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9 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
10 | person who drives or is in actual physical control of a motor
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11 | vehicle on any highway of this State at a time when such | ||||||
12 | person's driver's
license, permit or privilege to do so or the | ||||||
13 | privilege to obtain a driver's
license or permit is revoked or | ||||||
14 | suspended as provided by this Code or the law
of another state, | ||||||
15 | except as may be specifically allowed by a judicial driving
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16 | permit issued prior to January 1, 2009, monitoring device | ||||||
17 | driving permit, family financial responsibility driving | ||||||
18 | permit, probationary
license to drive, or a restricted driving | ||||||
19 | permit issued pursuant to this Code
or under the law of another | ||||||
20 | state, shall be guilty of a Class A misdemeanor.
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21 | (a-3) A second or subsequent violation of subsection (a) of | ||||||
22 | this Section is a Class 4 felony if committed by a person whose | ||||||
23 | driving or operation of a motor vehicle is the proximate cause | ||||||
24 | of a motor vehicle accident that causes personal injury or | ||||||
25 | death to another. For purposes of this subsection, a personal |
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1 | injury includes any Type A injury as indicated on the traffic | ||||||
2 | accident report completed by a law enforcement officer that | ||||||
3 | requires immediate professional attention in either a doctor's | ||||||
4 | office or a medical facility. A Type A injury includes severe | ||||||
5 | bleeding wounds, distorted extremities, and injuries that | ||||||
6 | require the injured party to be carried from the scene. | ||||||
7 | (a-5) Any person who violates this Section as provided in | ||||||
8 | subsection (a) while his or her driver's license, permit or | ||||||
9 | privilege is revoked because of a violation of Section 9-3 of | ||||||
10 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | relating to the offense of reckless homicide, or a violation of | ||||||
12 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
13 | 11-501 of this Code, relating to the offense of aggravated | ||||||
14 | driving under the influence of alcohol, other drug or drugs, or | ||||||
15 | intoxicating compound or compounds, or any combination thereof | ||||||
16 | when the violation was a proximate cause of a death, or a | ||||||
17 | similar provision of a law of another state, is guilty of a | ||||||
18 | Class 4 felony. The person shall be required to undergo a | ||||||
19 | professional evaluation, as provided in Section 11-501 of this | ||||||
20 | Code, to determine if an alcohol, drug, or intoxicating | ||||||
21 | compound problem exists and the extent of the problem, and to | ||||||
22 | undergo the imposition of treatment as appropriate.
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23 | (a-10) A person's driver's license, permit, or privilege to | ||||||
24 | obtain a driver's license or permit may be subject to multiple | ||||||
25 | revocations, multiple suspensions, or any combination of both | ||||||
26 | simultaneously. No revocation or suspension shall serve to |
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1 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
2 | effect of any other revocation or suspension entered prior or | ||||||
3 | subsequent to any other revocation or suspension. | ||||||
4 | (b) (Blank). | ||||||
5 | (b-1) Upon receiving a report of the conviction of any | ||||||
6 | violation indicating a person was operating a motor vehicle | ||||||
7 | during the time when the person's driver's license, permit or | ||||||
8 | privilege was suspended by the Secretary of State or the | ||||||
9 | driver's licensing administrator of another state, except as | ||||||
10 | specifically allowed by a probationary license, judicial | ||||||
11 | driving permit, restricted driving permit or monitoring device | ||||||
12 | driving permit the Secretary shall extend the suspension for | ||||||
13 | the same period of time as the originally imposed suspension | ||||||
14 | unless the suspension has already expired, in which case the | ||||||
15 | Secretary shall be authorized to suspend the person's driving | ||||||
16 | privileges for the same period of time as the originally | ||||||
17 | imposed suspension. | ||||||
18 | (b-2) Except as provided in subsection (b-6), upon | ||||||
19 | receiving a report of the conviction of any violation | ||||||
20 | indicating a person was operating a motor vehicle when the | ||||||
21 | person's driver's license, permit or privilege was revoked by | ||||||
22 | the Secretary of State or the driver's license administrator of | ||||||
23 | any other state, except as specifically allowed by a restricted | ||||||
24 | driving permit issued pursuant to this Code or the law of | ||||||
25 | another state, the Secretary shall not issue a driver's license | ||||||
26 | for an additional period of one year from the date of such |
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1 | conviction indicating such person was operating a vehicle | ||||||
2 | during such period of revocation. | ||||||
3 | (b-3) (Blank).
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4 | (b-4) When the Secretary of State receives a report of a | ||||||
5 | conviction of any violation indicating a person was operating a | ||||||
6 | motor vehicle that was not equipped with an ignition interlock | ||||||
7 | device during a time when the person was prohibited from | ||||||
8 | operating a motor vehicle not equipped with such a device, the | ||||||
9 | Secretary shall not issue a driver's license to that person for | ||||||
10 | an additional period of one year from the date of the | ||||||
11 | conviction.
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12 | (b-5) Any person convicted of violating this Section shall | ||||||
13 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
14 | 300
hours of community service
when the person's driving | ||||||
15 | privilege was revoked or suspended as a result of a violation | ||||||
16 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
17 | Code of 2012,
relating to the offense of reckless homicide, or | ||||||
18 | a violation of subparagraph (F) of paragraph (1) of subsection | ||||||
19 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
20 | aggravated driving under the influence of alcohol, other drug | ||||||
21 | or drugs, or intoxicating compound or compounds, or any | ||||||
22 | combination thereof when the violation was a proximate cause of | ||||||
23 | a death, or a similar provision of a law of another state.
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24 | (b-6) Upon receiving a report of a first conviction of | ||||||
25 | operating a motor vehicle while the person's driver's license, | ||||||
26 | permit or privilege was revoked where the revocation was for a |
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1 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012 relating to the offense of reckless | ||||||
3 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
4 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
5 | the offense of aggravated driving under the influence of | ||||||
6 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
7 | compounds, or any combination thereof when the violation was a | ||||||
8 | proximate cause of a death, or a similar out-of-state offense, | ||||||
9 | the Secretary shall not issue a driver's license for an | ||||||
10 | additional period of three years from the date of such | ||||||
11 | conviction. | ||||||
12 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
13 | person convicted of violating this Section shall serve a | ||||||
14 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
15 | of community service
when the person's driving privilege was | ||||||
16 | revoked or suspended as a result of:
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17 | (1) a violation of Section 11-501 of this Code or a | ||||||
18 | similar provision
of a local ordinance relating to the | ||||||
19 | offense of operating or being in physical
control of a | ||||||
20 | vehicle while under the influence of alcohol, any other | ||||||
21 | drug
or any combination thereof; or
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22 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
23 | this Code or a
similar provision of a local ordinance | ||||||
24 | relating to the offense of leaving the
scene of a motor | ||||||
25 | vehicle accident involving personal injury or death; or
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26 | (3)
a statutory summary suspension or revocation under |
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1 | Section 11-501.1 of this
Code.
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2 | Such sentence of imprisonment or community service shall | ||||||
3 | not be subject
to suspension in order to reduce such sentence.
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4 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
5 | person convicted of a
second violation of this Section shall be | ||||||
6 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
7 | community service.
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8 | (c-2) In addition to other penalties imposed under this | ||||||
9 | Section, the
court may impose on any person convicted a fourth | ||||||
10 | time of violating this
Section any of
the following:
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11 | (1) Seizure of the license plates of the person's | ||||||
12 | vehicle.
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13 | (2) Immobilization of the person's vehicle for a period | ||||||
14 | of time
to be determined by the court.
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15 | (c-3) Any person convicted of a violation of this Section | ||||||
16 | during a period of summary suspension imposed pursuant to | ||||||
17 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
18 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
19 | imprisonment of 30 days. | ||||||
20 | (c-4) Any person who has been issued a MDDP or a restricted | ||||||
21 | driving permit which requires the person to operate only motor | ||||||
22 | vehicles equipped with an ignition interlock device and who is | ||||||
23 | convicted of a violation of this Section as a result of | ||||||
24 | operating or being in actual physical control of a motor | ||||||
25 | vehicle not equipped with an ignition interlock device at the | ||||||
26 | time of the offense shall be guilty of a Class 4 felony and |
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1 | shall serve a minimum term of imprisonment of 30 days.
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2 | (c-5) Any person convicted of a second violation of this
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3 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
4 | probation or conditional discharge, and shall serve a mandatory | ||||||
5 | term of
imprisonment, if: | ||||||
6 | (1) the current violation occurred when the person's | ||||||
7 | driver's license was suspended or revoked for a violation | ||||||
8 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012, relating
to the offense of reckless homicide, | ||||||
10 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
11 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
12 | the offense of aggravated driving under the influence of | ||||||
13 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
14 | compounds, or any combination thereof when the violation | ||||||
15 | was a proximate cause of a death, or a similar out-of-state | ||||||
16 | offense; and | ||||||
17 | (2) the prior conviction under this Section occurred | ||||||
18 | while the person's driver's license was suspended or | ||||||
19 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
21 | offense of reckless homicide, or a violation of | ||||||
22 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
23 | Section 11-501 of this Code, relating to the offense of | ||||||
24 | aggravated driving under the influence of alcohol, other | ||||||
25 | drug or drugs, or intoxicating compound or compounds, or | ||||||
26 | any combination thereof when the violation was a proximate |
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1 | cause of a death, or a similar out-of-state offense, or was | ||||||
2 | suspended or revoked for a violation of Section 11-401 or | ||||||
3 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
4 | similar provision of a local ordinance, or a statutory | ||||||
5 | summary suspension or revocation under Section 11-501.1 of | ||||||
6 | this Code.
| ||||||
7 | (d) Any person convicted of a second violation of this
| ||||||
8 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
9 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
10 | community service, as determined by the
court, if: | ||||||
11 | (1) the current violation occurred when the person's | ||||||
12 | driver's license was suspended or revoked for a violation | ||||||
13 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
14 | out-of-state offense, a similar provision of a local
| ||||||
15 | ordinance, or a
statutory summary suspension or revocation | ||||||
16 | under Section 11-501.1 of this Code; and | ||||||
17 | (2) the prior conviction under this Section occurred | ||||||
18 | while the person's driver's license was suspended or | ||||||
19 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
20 | Code, a similar out-of-state offense, a similar provision | ||||||
21 | of a local ordinance, or a statutory summary suspension or | ||||||
22 | revocation under Section 11-501.1 of this Code, or for a | ||||||
23 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
24 | the Criminal Code of 2012, relating to the offense of | ||||||
25 | reckless homicide, or a violation of subparagraph (F) of | ||||||
26 | paragraph (1) of subsection (d) of Section 11-501 of this |
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| |||||||
1 | Code, relating to the offense of aggravated driving under | ||||||
2 | the influence of alcohol, other drug or drugs, or | ||||||
3 | intoxicating compound or compounds, or any combination | ||||||
4 | thereof when the violation was a proximate cause of a | ||||||
5 | death, or a similar out-of-state offense.
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6 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
7 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
8 | of this Section shall serve a minimum term of
imprisonment of | ||||||
9 | 30 days or 300 hours of community service, as determined by the
| ||||||
10 | court.
| ||||||
11 | (d-2) Any person convicted of a third violation of this
| ||||||
12 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
13 | term of
imprisonment of 30 days, if: | ||||||
14 | (1) the current violation occurred when the person's | ||||||
15 | driver's license was suspended or revoked for a violation | ||||||
16 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
17 | out-of-state offense, or a similar provision of a local
| ||||||
18 | ordinance, or a
statutory summary suspension or revocation | ||||||
19 | under Section 11-501.1 of this Code; and | ||||||
20 | (2) the prior convictions under this Section occurred | ||||||
21 | while the person's driver's license was suspended or | ||||||
22 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
23 | Code, a similar out-of-state offense, a similar provision | ||||||
24 | of a local ordinance, or a statutory summary suspension or | ||||||
25 | revocation under Section 11-501.1 of this Code, or for a | ||||||
26 | violation of Section 9-3 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, relating to the offense of | ||||||
2 | reckless homicide, or a violation of subparagraph (F) of | ||||||
3 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
4 | Code, relating to the offense of aggravated driving under | ||||||
5 | the influence of alcohol, other drug or drugs, or | ||||||
6 | intoxicating compound or compounds, or any combination | ||||||
7 | thereof when the violation was a proximate cause of a | ||||||
8 | death, or a similar out-of-state offense.
| ||||||
9 | (d-2.5) Any person convicted of a third violation of this
| ||||||
10 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
11 | probation or conditional discharge, and must serve a mandatory | ||||||
12 | term of
imprisonment, if: | ||||||
13 | (1) the current violation occurred while the person's | ||||||
14 | driver's license was suspended or revoked for a violation | ||||||
15 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012, relating to the offense of reckless homicide, | ||||||
17 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
18 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
19 | the offense of aggravated driving under the influence of | ||||||
20 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
21 | compounds, or any combination thereof when the violation | ||||||
22 | was a proximate cause of a death, or a similar out-of-state | ||||||
23 | offense.
The person's driving privileges shall be revoked | ||||||
24 | for the remainder of the person's life; and | ||||||
25 | (2) the prior convictions under this Section occurred | ||||||
26 | while the person's driver's license was suspended or |
| |||||||
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1 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
2 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
3 | offense of reckless homicide, or a violation of | ||||||
4 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
5 | Section 11-501 of this Code, relating to the offense of | ||||||
6 | aggravated driving under the influence of alcohol, other | ||||||
7 | drug or drugs, or intoxicating compound or compounds, or | ||||||
8 | any combination thereof when the violation was a proximate | ||||||
9 | cause of a death, or a similar out-of-state offense, or was | ||||||
10 | suspended or revoked for a violation of Section 11-401 or | ||||||
11 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
12 | similar provision of a local ordinance, or a statutory | ||||||
13 | summary suspension or revocation under Section 11-501.1 of | ||||||
14 | this Code. | ||||||
15 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
16 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
17 | of a Class 4 felony and must serve a minimum term of
| ||||||
18 | imprisonment of 180 days, if: | ||||||
19 | (1) the current violation occurred when the person's | ||||||
20 | driver's license was suspended or revoked for a
violation | ||||||
21 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
22 | out-of-state
offense, a similar provision of a local | ||||||
23 | ordinance, or a statutory
summary suspension or revocation | ||||||
24 | under Section 11-501.1 of this Code; and | ||||||
25 | (2) the prior convictions under this Section occurred | ||||||
26 | while the person's driver's license was suspended or |
| |||||||
| |||||||
1 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
2 | Code, a similar out-of-state offense, a similar provision | ||||||
3 | of a local ordinance, or a statutory summary suspension or | ||||||
4 | revocation under Section 11-501.1 of this Code, or for a | ||||||
5 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012, relating to the offense of | ||||||
7 | reckless homicide, or a violation of subparagraph (F) of | ||||||
8 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
9 | Code, relating to the offense of aggravated driving under | ||||||
10 | the influence of alcohol, other drug or drugs, or | ||||||
11 | intoxicating compound or compounds, or any combination | ||||||
12 | thereof when the violation was a proximate cause of a | ||||||
13 | death, or a similar out-of-state offense.
| ||||||
14 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
15 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
16 | eligible for probation or conditional discharge, and must serve | ||||||
17 | a mandatory term of
imprisonment, and is eligible for an | ||||||
18 | extended term, if: | ||||||
19 | (1) the current violation occurred when the person's | ||||||
20 | driver's license was suspended or revoked for a
violation | ||||||
21 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012, relating to the offense of reckless homicide, | ||||||
23 | or a violation of subparagraph (F) of paragraph (1) of | ||||||
24 | subsection (d) of Section 11-501 of this Code, relating to | ||||||
25 | the offense of aggravated driving under the influence of | ||||||
26 | alcohol, other drug or drugs, or intoxicating compound or |
| |||||||
| |||||||
1 | compounds, or any combination thereof when the violation | ||||||
2 | was a proximate cause of a death, or a similar out-of-state | ||||||
3 | offense; and | ||||||
4 | (2) the prior convictions under this Section occurred | ||||||
5 | while the person's driver's license was suspended or | ||||||
6 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
8 | offense of reckless homicide, or a violation of | ||||||
9 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
10 | Section 11-501 of this Code, relating to the offense of | ||||||
11 | aggravated driving under the influence of alcohol, other | ||||||
12 | drug or drugs, or intoxicating compound or compounds, or | ||||||
13 | any combination thereof when the violation was a proximate | ||||||
14 | cause of a death, or a similar out-of-state offense, or was | ||||||
15 | suspended or revoked for a violation of Section 11-401 or | ||||||
16 | 11-501 of this Code, a similar out-of-state offense, a | ||||||
17 | similar provision of a local ordinance, or a statutory | ||||||
18 | summary suspension or revocation under Section 11-501.1 of | ||||||
19 | this Code.
| ||||||
20 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
21 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
22 | of a Class 3 felony, and is not eligible for probation or | ||||||
23 | conditional discharge, if: | ||||||
24 | (1) the current violation occurred when the person's | ||||||
25 | driver's license was suspended or revoked for a violation | ||||||
26 | of Section 11-401 or 11-501 of this Code, or a similar |
| |||||||
| |||||||
1 | out-of-state offense, or a similar provision of a local | ||||||
2 | ordinance, or a statutory summary suspension or revocation | ||||||
3 | under Section 11-501.1 of this Code; and | ||||||
4 | (2) the prior convictions under this Section occurred | ||||||
5 | while the person's driver's license was suspended or | ||||||
6 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
7 | Code, a similar out-of-state offense, a similar provision | ||||||
8 | of a local ordinance, or a statutory suspension or | ||||||
9 | revocation under Section 11-501.1 of this Code, or for a | ||||||
10 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012, relating to the offense of | ||||||
12 | reckless homicide, or a violation of subparagraph (F) of | ||||||
13 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
14 | Code, relating to the offense of aggravated driving under | ||||||
15 | the influence of alcohol, other drug or drugs, or | ||||||
16 | intoxicating compound or compounds, or any combination | ||||||
17 | thereof when the violation was a proximate cause of a | ||||||
18 | death, or a similar out-of-state offense. | ||||||
19 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
20 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
21 | not eligible for probation or conditional discharge, if: | ||||||
22 | (1) the current violation occurred when the person's | ||||||
23 | driver's license was suspended or revoked for a violation | ||||||
24 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
25 | out-of-state offense, or a similar provision of a local | ||||||
26 | ordinance, or a statutory summary suspension or revocation |
| |||||||
| |||||||
1 | under Section 11-501.1 of this Code; and | ||||||
2 | (2) the prior convictions under this Section occurred | ||||||
3 | while the person's driver's license was suspended or | ||||||
4 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
5 | Code, a similar out-of-state offense, a similar provision | ||||||
6 | of a local ordinance, or a statutory summary suspension or | ||||||
7 | revocation under Section 11-501.1 of this Code, or for a | ||||||
8 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
9 | the Criminal Code of 2012, relating to the offense of | ||||||
10 | reckless homicide, or a violation of subparagraph (F) of | ||||||
11 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
12 | Code, relating to the offense of aggravated driving under | ||||||
13 | the influence of alcohol, other drug or drugs, or | ||||||
14 | intoxicating compound or compounds, or any combination | ||||||
15 | thereof when the violation was a proximate cause of a | ||||||
16 | death, or a similar out-of-state offense.
| ||||||
17 | (e) Any person in violation of this Section who is also in | ||||||
18 | violation of
Section 7-601 or 7-601.5 of this Code relating to | ||||||
19 | mandatory insurance requirements, in
addition to other | ||||||
20 | penalties imposed under this Section, shall have his or her
| ||||||
21 | motor vehicle immediately impounded by the arresting law | ||||||
22 | enforcement officer.
The motor vehicle may be released to any | ||||||
23 | licensed driver upon a showing of
proof of insurance for the | ||||||
24 | vehicle that was impounded and the notarized written
consent | ||||||
25 | for the release by the vehicle owner.
| ||||||
26 | (f) For any prosecution under this Section, a certified |
| |||||||
| |||||||
1 | copy of the
driving abstract of the defendant shall be admitted | ||||||
2 | as proof of any prior
conviction.
| ||||||
3 | (g) The motor vehicle used in a violation of this Section | ||||||
4 | is subject
to seizure and forfeiture as provided in Sections | ||||||
5 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
6 | driving privilege was revoked
or suspended as a result of: | ||||||
7 | (1) a violation of Section 11-501 of this Code, a | ||||||
8 | similar provision
of a local ordinance, or a similar | ||||||
9 | provision of a law of another state; | ||||||
10 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
11 | this Code, a
similar provision of a local ordinance, or a | ||||||
12 | similar provision of a law of another state; | ||||||
13 | (3) a statutory summary suspension or revocation under | ||||||
14 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
15 | law of another state; or | ||||||
16 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
18 | of reckless homicide, or a violation of subparagraph (F) of | ||||||
19 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
20 | Code, relating to the offense of aggravated driving under | ||||||
21 | the influence of alcohol, other drug or drugs, or | ||||||
22 | intoxicating compound or compounds, or any combination | ||||||
23 | thereof when the violation was a proximate cause of a | ||||||
24 | death, or a similar provision of a law of another state.
| ||||||
25 | (Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (625 ILCS 5/7-601.5 new) | ||||||
2 | Sec. 7-601.5. Required liability insurance policy; | ||||||
3 | out-of-state registration. No person shall operate a motor | ||||||
4 | vehicle registered in another state upon the highways of this | ||||||
5 | State unless the vehicle is covered by a liability insurance | ||||||
6 | policy issued by the state where the vehicle is registered. The | ||||||
7 | operator of the vehicle shall carry within the vehicle evidence | ||||||
8 | of the insurance.
| ||||||
9 | (625 ILCS 5/7-610) (from Ch. 95 1/2, par. 7-610)
| ||||||
10 | Sec. 7-610. Immunity. No state or local governmental unit | ||||||
11 | and no
government official or employee acting in the course of | ||||||
12 | his or her official
duties in the administration or enforcement | ||||||
13 | of Section 7-601 or 7-601.5 and related
provisions of this Code | ||||||
14 | shall be liable for any damages, brought directly
or indirectly | ||||||
15 | by the injured party or a third party, except for damages
| ||||||
16 | resulting from willful and wanton misconduct or gross | ||||||
17 | negligence on the
part of the governmental unit, official or | ||||||
18 | employee.
| ||||||
19 | (Source: P.A. 86-149.)
|