98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2829

 

Introduced , by Rep. Kay Hatcher

 

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

    Amends the Illinois Vehicle Code. Provides that a person commits the offense of operation of uninsured motor vehicle causing damage to property 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, damage to property. Provides that in addition to any other penalty provided by law, a person convicted of operation of an uninsured motor vehicle causing damage to property shall be ordered to pay restitution in an amount equal to the cost of repairing the property damage resulting from the violation.


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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 adding
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 unless the
9motor vehicle is covered by a liability insurance policy in
10accordance with Section 7-601 of this Code.
11    (a-2) A person commits operation of an uninsured motor
12vehicle causing damage to property 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, damage to property.
17    In addition to any other penalty provided by law, a person
18convicted of a violation of this subsection (a-2) shall be
19ordered to pay restitution in an amount equal to the cost of
20repairing the property damage resulting from the violation of
21this subsection (a-2).
22    (a-5) A person commits the offense of operation of
23uninsured motor vehicle causing bodily harm when the person:

 

 

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1        (1) operates a motor vehicle in violation of Section
2    7-601 of this Code; and
3        (2) causes, as a proximate result of the person's
4    operation of the motor vehicle, bodily harm to another
5    person.
6    (a-6) Uninsured operation of a motor vehicle under
7subsection (a-5) is a Class A misdemeanor. If a person
8convicted of the offense of operation of a motor vehicle under
9subsection (a-5) has previously been convicted of 2 or more
10violations of subsection (a-5) of this Section or of Section
117-601 of this Code, a fine of $2,500, in addition to any
12sentence of incarceration, must be imposed.
13    (b) Any person who fails to comply with a request by a law
14enforcement officer for display of evidence of insurance, as
15required under Section 7-602 of this Code, shall be deemed to
16be operating an uninsured motor vehicle.
17    (c) Except as provided in subsections (a-6) and (c-5), any
18operator of a motor vehicle subject to registration under this
19Code who is convicted of violating this Section is guilty of a
20business offense and shall be required to pay a fine in excess
21of $500, but not more than $1,000, except a person convicted of
22a third or subsequent violation of this Section shall be
23required to pay a fine of $1,000. However, no person charged
24with violating this Section shall be convicted if such person
25produces in court satisfactory evidence that at the time of the
26arrest the motor vehicle was covered by a liability insurance

 

 

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

 

 

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1the required liability insurance policy during the entire
2period of court supervision.
3    An officer of the court designated under subsection (c) may
4also review liability insurance documentation under this
5subsection (c-5) to determine if the motor vehicle is, as of
6the date of the court appearance, covered by a liability
7insurance policy in accordance with Section 7-601 of this Code.
8The officer of the court shall also determine, on the date the
9period of court supervision is scheduled to terminate, whether
10the vehicle was covered by the required policy during the
11entire period of court supervision.
12    (d) A person convicted a third or subsequent time of
13violating this Section or a similar provision of a local
14ordinance must give proof to the Secretary of State of the
15person's financial responsibility as defined in Section 7-315.
16The person must maintain the proof in a manner satisfactory to
17the Secretary for a minimum period of 3 years after the date
18the proof is first filed. The Secretary must suspend the
19driver's license of any person determined by the Secretary not
20to have provided adequate proof of financial responsibility as
21required by this subsection.
22(Source: P.A. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)