Full Text of SB1807 103rd General Assembly
SB1807 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1807 Introduced 2/9/2023, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-204 | from Ch. 95 1/2, par. 11-204 | 625 ILCS 5/11-204.1 | from Ch. 95 1/2, par. 11-204.1 |
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Amends the Illinois Vehicle Code. Provides that fleeing or attempting to elude a peace officer is a Class 4 felony instead of a Class A misdemeanor, and that a third or subsequent violation is a Class 3 felony instead of a Class 4 felony. Provides that aggravated fleeing or attempting
to elude a peace
officer is a Class 3 felony instead of a Class 4 felony, and that a second or subsequent violation is a Class 2 felony instead of a Class 3 felony. Effective immediately.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-204 and 11-204.1 as follows:
| 6 | | (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
| 7 | | Sec. 11-204. Fleeing or attempting to elude a peace | 8 | | officer.
| 9 | | (a) Any driver or operator of a motor vehicle who, having | 10 | | been given a
visual or audible signal by a peace officer | 11 | | directing such driver or
operator to bring his vehicle to a | 12 | | stop, wilfully fails or refuses to obey
such direction, | 13 | | increases his speed, extinguishes his lights, or otherwise
| 14 | | flees or attempts to elude the officer, is guilty of a Class 4 | 15 | | felony A
misdemeanor .
The signal given by the peace officer | 16 | | may be by hand, voice, siren, red or
blue light. Provided, the | 17 | | officer giving such signal shall be in police
uniform, and, if | 18 | | driving a vehicle, such vehicle shall display
illuminated | 19 | | oscillating, rotating or flashing red or blue lights which | 20 | | when
used in conjunction with an audible horn or siren would | 21 | | indicate the
vehicle to be an official police vehicle.
Such | 22 | | requirement shall not preclude the use of amber or white
| 23 | | oscillating, rotating or flashing lights in conjunction with |
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| 1 | | red or blue
oscillating, rotating or flashing lights as | 2 | | required in Section 12-215 of
Chapter 12.
| 3 | | (b) Upon receiving notice of such conviction the Secretary | 4 | | of State
shall suspend the drivers license of the person so | 5 | | convicted for a
period of not more than 6 months for a first | 6 | | conviction and not more than 12
months for a second | 7 | | conviction.
| 8 | | (c) A third or subsequent violation of this Section
is a | 9 | | Class 3 4 felony.
| 10 | | (Source: P.A. 93-120, eff. 1-1-04.)
| 11 | | (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
| 12 | | Sec. 11-204.1. Aggravated fleeing or attempting
to elude a | 13 | | peace
officer. | 14 | | (a) The offense of aggravated fleeing or attempting to | 15 | | elude a peace officer
is committed by any driver or operator of | 16 | | a motor vehicle who flees or attempts
to elude a peace officer, | 17 | | after being given a visual or audible
signal
by a peace officer | 18 | | in the manner prescribed in subsection (a) of
Section
11-204 | 19 | | of this Code, and such flight or attempt to elude:
| 20 | | (1) is at a rate of speed at least 21 miles per hour | 21 | | over the legal
speed
limit;
| 22 | | (2) causes bodily injury to any individual;
| 23 | | (3) causes damage in excess of $300 to property;
| 24 | | (4) involves disobedience of 2 or more official | 25 | | traffic control
devices; or
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| 1 | | (5) involves the concealing or altering of the | 2 | | vehicle's registration plate or digital registration | 3 | | plate. | 4 | | (b) Any person convicted of a first violation of this | 5 | | Section shall be
guilty of a Class 3 4 felony. Upon notice of | 6 | | such a conviction the Secretary
of State shall forthwith | 7 | | revoke the driver's license of the person so
convicted, as | 8 | | provided in Section 6-205 of this Code. Any person convicted
| 9 | | of a second or subsequent violation of this Section shall be | 10 | | guilty of a Class 2
3
felony,
and upon notice of such a | 11 | | conviction the Secretary of State shall forthwith
revoke the | 12 | | driver's license of the person convicted, as provided in | 13 | | Section
6-205 of the Code.
| 14 | | (c) The motor vehicle used in a violation of this Section | 15 | | is subject to
seizure and forfeiture as provided in Sections | 16 | | 36-1 and 36-2 of the Criminal
Code of 2012.
| 17 | | (Source: P.A. 101-395, eff. 8-16-19.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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