101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3247

 

Introduced 2/11/2020, by Sen. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-707  from Ch. 95 1/2, par. 3-707

    Amends the Illinois Vehicle Code. Provides that certain penalties regarding the operation of an uninsured motor vehicle apply to any operator of a motor vehicle subject to registration under a law of another state that is similar to the Code.


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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 3-707 as follows:
 
6    (625 ILCS 5/3-707)  (from Ch. 95 1/2, par. 3-707)
7    Sec. 3-707. Operation of uninsured motor vehicle - penalty.
8    (a) No person shall operate a motor vehicle in this State
9unless the motor vehicle is covered by a liability insurance
10policy in accordance with Section 7-601 of this Code.
11    (a-5) A person commits the offense of operation of
12uninsured 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
19subsection (a-5) is a Class A misdemeanor. If a person
20convicted of the offense of operation of a motor vehicle under
21subsection (a-5) has previously been convicted of 2 or more
22violations of subsection (a-5) of this Section or of Section
237-601 of this Code, a fine of $2,500, in addition to any

 

 

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1sentence of incarceration, must be imposed.
2    (b) Any person who fails to comply with a request by a law
3enforcement officer for display of evidence of insurance, as
4required under Section 7-602 of this Code, shall be deemed to
5be operating an uninsured motor vehicle.
6    (c) Except as provided in subsections (a-6) and (c-5), any
7operator of a motor vehicle subject to registration under this
8Code, or under a similar law of another state, who is convicted
9of violating this Section is guilty of a petty offense and
10shall be required to pay a fine in excess of $500, but not more
11than $1,000, except a person convicted of a third or subsequent
12violation of this Section shall be guilty of a business offense
13and shall be required to pay a fine of $1,000. However, no
14person charged with violating this Section shall be convicted
15if such person produces in court satisfactory evidence that at
16the time of the arrest the motor vehicle was covered by a
17liability insurance policy in accordance with Section 7-601 of
18this Code. The chief judge of each circuit may designate an
19officer of the court to review the documentation demonstrating
20that at the time of arrest the motor vehicle was covered by a
21liability insurance policy in accordance with Section 7-601 of
22this Code.
23    (c-1) A person convicted of violating this Section shall
24also have his or her driver's license, permit, or privileges
25suspended for 3 months. After the expiration of the 3 months,
26the person's driver's license, permit, or privileges shall not

 

 

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1be reinstated until he or she has paid a reinstatement fee of
2$100. If a person violates this Section while his or her
3driver's license, permit, or privileges are suspended under
4this subsection (c-1), his or her driver's license, permit, or
5privileges shall be suspended for an additional 6 months and
6until he or she pays the reinstatement fee.
7    (c-5) A person who (i) has not previously been convicted of
8or received a disposition of court supervision for violating
9this Section and (ii) produces at his or her court appearance
10satisfactory evidence that the motor vehicle is covered, as of
11the date of the court appearance, by a liability insurance
12policy in accordance with Section 7-601 of this Code shall, for
13a violation of this Section, other than a violation of
14subsection (a-5), pay a fine of $100 and receive a disposition
15of court supervision. The person must, on the date that the
16period of court supervision is scheduled to terminate, produce
17satisfactory evidence that the vehicle was covered by the
18required liability insurance policy during the entire period of
19court supervision.
20    An officer of the court designated under subsection (c) may
21also review liability insurance documentation under this
22subsection (c-5) to determine if the motor vehicle is, as of
23the date of the court appearance, covered by a liability
24insurance policy in accordance with Section 7-601 of this Code.
25The officer of the court shall also determine, on the date the
26period of court supervision is scheduled to terminate, whether

 

 

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1the vehicle was covered by the required policy during the
2entire period of court supervision.
3    (d) A person convicted a third or subsequent time of
4violating this Section or a similar provision of a local
5ordinance must give proof to the Secretary of State of the
6person's financial responsibility as defined in Section 7-315.
7The person must maintain the proof in a manner satisfactory to
8the Secretary for a minimum period of 3 years after the date
9the proof is first filed. The Secretary must suspend the
10driver's license of any person determined by the Secretary not
11to have provided adequate proof of financial responsibility as
12required by this subsection.
13(Source: P.A. 99-613, eff. 1-1-17; 100-202, eff. 1-1-18.)