100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3874

 

Introduced , by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-707  from Ch. 95 1/2, par. 3-707
625 ILCS 5/7-601  from Ch. 95 1/2, par. 7-601

    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.


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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
5Sections 3-707 and 7-601 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 who is convicted of violating this Section is guilty of a
9petty 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
11third or subsequent violation of this Section shall be guilty
12of a business offense and shall be required to pay a fine of
13$1,000. However, no person charged with violating this Section
14shall be convicted if such person produces in court
15satisfactory evidence that at the time of the arrest the motor
16vehicle was covered by a liability insurance policy in
17accordance with Section 7-601 of this Code. The chief judge of
18each circuit may designate an officer of the court to review
19the documentation demonstrating that at the time of arrest the
20motor vehicle was covered by a liability insurance policy in
21accordance with Section 7-601 of this Code.
22    (c-1) A person convicted of violating this Section shall
23also have his or her driver's license, permit, or privileges
24suspended for 3 months. After the expiration of the 3 months,
25the person's driver's license, permit, or privileges shall not
26be 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
2driver's license, permit, or privileges are suspended under
3this subsection (c-1), his or her driver's license, permit, or
4privileges shall be suspended for an additional 6 months and
5until he or she pays the reinstatement fee.
6    (c-5) A person who (i) has not previously been convicted of
7or received a disposition of court supervision for violating
8this Section and (ii) produces at his or her court appearance
9satisfactory evidence that the motor vehicle is covered, as of
10the date of the court appearance, by a liability insurance
11policy in accordance with Section 7-601 of this Code shall, for
12a violation of this Section, other than a violation of
13subsection (a-5), pay a fine of $100 and receive a disposition
14of court supervision. The person must, on the date that the
15period of court supervision is scheduled to terminate, produce
16satisfactory evidence that the vehicle was covered by the
17required liability insurance policy during the entire period of
18court supervision.
19    An officer of the court designated under subsection (c) may
20also review liability insurance documentation under this
21subsection (c-5) to determine if the motor vehicle is, as of
22the date of the court appearance, covered by a liability
23insurance policy in accordance with Section 7-601 of this Code.
24The officer of the court shall also determine, on the date the
25period of court supervision is scheduled to terminate, whether
26the vehicle was covered by the required policy during the

 

 

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1entire period of court supervision.
2    (d) A person convicted a third or subsequent time of
3violating this Section or a similar provision of a local
4ordinance must give proof to the Secretary of State of the
5person's financial responsibility as defined in Section 7-315.
6The person must maintain the proof in a manner satisfactory to
7the Secretary for a minimum period of 3 years after the date
8the proof is first filed. The Secretary must suspend the
9driver's license of any person determined by the Secretary not
10to have provided adequate proof of financial responsibility as
11required by this subsection.
12(Source: P.A. 99-613, eff. 1-1-17.)
 
13    (625 ILCS 5/7-601)  (from Ch. 95 1/2, par. 7-601)
14    Sec. 7-601. Required liability insurance policy.
15    (a) No person shall operate, register or maintain
16registration of, and no owner shall permit another person to
17operate, register or maintain registration of, a motor vehicle
18designed to be used on a public highway in this State unless
19the motor vehicle is covered by a liability insurance policy.
20    The insurance policy shall be issued in amounts no less
21than the minimum amounts set for bodily injury or death and for
22destruction of property under Section 7-203 of this Code, and
23shall be issued in accordance with the requirements of Sections
24143a and 143a-2 of the Illinois Insurance Code, as amended. No
25insurer other than an insurer authorized to do business in this

 

 

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1State shall issue a policy pursuant to this Section for any
2vehicle subject to registration under this Code. Nothing herein
3shall deprive an insurer of any policy defense available at
4common law.
5    (b) The following vehicles are exempt from the requirements
6of this Section:
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;
10        (2) vehicles required to file proof of liability
11    insurance with the Illinois Commerce Commission;
12        (3) vehicles covered by a certificate of
13    self-insurance under Section 7-502 of this Code;
14        (4) vehicles owned by the United States, the State of
15    Illinois, or any political subdivision, municipality or
16    local mass transit district;
17        (5) implements of husbandry;
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
21        (7) inoperable or stored vehicles that are not
22    operated, as defined by rules and regulations of the
23    Secretary.
24    (c) Every employee of a State agency, as that term is
25defined in the Illinois State Auditing Act, who is assigned a
26specific vehicle owned or leased by the State on an ongoing

 

 

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1basis shall provide the certification described in this Section
2annually to the director or chief executive officer of his or
3her agency.
4    The certification shall affirm that the employee is duly
5licensed to drive the assigned vehicle and that (i) the
6employee has liability insurance coverage extending to the
7employee when the assigned vehicle is used for other than
8official State business, or (ii) the employee has filed a bond
9with the Secretary of State as proof of financial
10responsibility, in an amount equal to, or in excess of the
11requirements stated within this Section. Upon request of the
12agency director or chief executive officer, the employee shall
13present evidence to support the certification.
14    The certification shall be provided during the period July
151 through July 31 of each calendar year, or within 30 days of
16any new assignment of a vehicle on an ongoing basis, whichever
17is later.
18    The employee's authorization to use the assigned vehicle
19shall automatically be rescinded upon:
20        (1) the revocation or suspension of the license
21    required to drive the assigned vehicle;
22        (2) the cancellation or termination for any reason of
23    the automobile liability insurance coverage as required in
24    item (c) (i); or
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
2shall immediately notify the agency director or chief executive
3officer in the event any of these actions occur.
4    All peace officers employed by a State agency who are
5primarily responsible for prevention and detection of crime and
6the enforcement of the criminal, traffic, or highway laws of
7this State, and prohibited by agency rule or policy to use an
8assigned vehicle owned or leased by the State for regular
9personal or off-duty use, are exempt from the requirements of
10this Section.
11(Source: P.A. 91-661, eff. 12-22-99.)