Bill Text: IL HB5723 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Provides that a person convicted of operating a motor vehicle without an insurance policy shall be guilty of a petty offense (rather than a business offense), unless the person has been convicted of this same offense 3 or more times.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2016-07-22 - Public Act . . . . . . . . . 99-0613 [HB5723 Detail]

Download: Illinois-2015-HB5723-Chaptered.html

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Public Act 099-0613
HB5723 Enrolled LRB099 18549 AXK 42928 b
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 3-707 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 bodily harm 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, bodily harm to another
person.
(a-6) Uninsured operation of a motor vehicle under
subsection (a-5) is a Class A misdemeanor. If a person
convicted of the offense of operation of a motor vehicle under
subsection (a-5) has previously been convicted of 2 or more
violations of subsection (a-5) of this Section or of Section
7-601 of this Code, a fine of $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 business 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 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
accordance with Section 7-601 of this Code.
(c-1) 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. 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
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. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)