HB5723 EngrossedLRB099 18549 AXK 42928 b

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 unless the
9motor vehicle is covered by a liability insurance policy in
10accordance 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 business offense and shall be required to pay a fine in
10excess of $500, but not more than $1,000, except a person
11convicted of a third or subsequent violation of this Section
12shall be guilty of a business offense and shall be required to
13pay a fine of $1,000. However, no person charged with violating
14this Section shall be convicted if such person produces in
15court satisfactory evidence that at the time of the arrest the
16motor vehicle 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. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)