100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3902
 
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.  If death is caused to a person other than a peace officer or first responder, the penalty is a Class 2 felony and if death is caused to a peace officer or first responder, the penalty is a Class 1 felony.  
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning transportation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Vehicle Code is amended  by changing 
5Section 11-204.1 as follows:
 



6    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)



7    Sec. 11-204.1. Aggravated fleeing or attempting
 to elude a 
8peace
officer.
9    (a) The offense of aggravated fleeing or attempting to 
10elude a peace officer
is committed by any driver or operator of 
11a motor vehicle who flees or attempts
to elude a peace officer, 
12after being given a visual or audible
signal
by a peace officer 
13in the manner prescribed in subsection (a) of
Section
11-204 of 
14this Code, and such flight or attempt to elude:


15        (1) is at a rate of speed at least 21 miles per hour 
16    over the legal
speed
limit;


17        (2) causes bodily injury to any individual;

18        (2.1)  causes death to a person other than a peace 
19    officer or first responder; 
20        (2.2) causes death to a peace officer or first 
21    responder; 

22        (3) causes damage in excess of $300 to property;


23        (4) involves disobedience of 2 or more official traffic 
 
 
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1    control
devices; or

2        (5) involves the  concealing or altering of the 
3    vehicle's registration plate. 
4    (b) Any person convicted of a first violation of paragraph 
5(1), (2), (3), (4), or (5) of subsection (a) of this Section 
6shall be
guilty of a Class 4 felony.  Upon notice of such a 
7conviction the Secretary
of State shall forthwith revoke the 
8driver's license of the person so
convicted, as provided in 
9Section 6-205 of this Code. Any person convicted
of a second or 
10subsequent violation of paragraph (1), (2), (3), (4), or (5) of 
11subsection (a) of this Section shall be guilty of a Class
3

12felony,
and upon notice of such a conviction the Secretary of 
13State shall forthwith
revoke the driver's license of the person 
14convicted, as provided in Section
6-205 of the Code. Any person 
15convicted of a violation of paragraph (2.1) of subsection (a) 
16of this Section is guilty of a Class 2 felony. Any person 
17convicted of a violation of paragraph (2.2) of subsection (a) 
18of this Section is guilty of a Class 1 felony. 

19    (c) The motor vehicle used in a violation of this Section 
20is subject to
seizure and forfeiture as provided in Sections 
2136-1 and 36-2 of the Criminal
Code of 2012.

22(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13; 
2397-1150, eff. 1-25-13.)