HB3902 100TH GENERAL ASSEMBLY

LRB100 10992 RLC 21231 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3902

Introduced , by Rep. Jerry Costello, II

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-204.1

from Ch. 95 1/2, par. 11-204.1

Amends the Illinois Vehicle Code. Provides that it is aggravated fleeing or attempting to eluding a peace officer if the person causes death to another individual as a result of the fleeing or attempted eluding. If death is caused to a person other than a peace officer or first responder, the penalty is a Class 2 felony and if death is caused to a peace officer or first responder, the penalty is a Class 1 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 11-204.1 as follows:

(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)

Sec. 11-204.1. Aggravated fleeing or attempting to elude a peace officer.

(a) The offense of aggravated fleeing or attempting to elude a peace officer is committed by any driver or operator of a motor vehicle who flees or attempts to elude a peace officer, after being given a visual or audible signal by a peace officer in the manner prescribed in subsection (a) of Section 11-204 of this Code, and such flight or attempt to elude:

(1) is at a rate of speed at least 21 miles per hour over the legal speed limit;

(2) causes bodily injury to any individual;

(2.1) causes death to a person other than a peace officer or first responder;

(2.2) causes death to a peace officer or first responder;

(3) causes damage in excess of $300 to property;

(4) involves disobedience of 2 or more official traffic control devices; or

(5) involves the concealing or altering of the vehicle's registration plate.

(b) Any person convicted of a first violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) of this Section shall be guilty of a Class 4 felony. Upon notice of such a conviction the Secretary of State shall forthwith revoke the driver's license of the person so convicted, as provided in Section 6-205 of this Code. Any person convicted of a second or subsequent violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) of this Section shall be guilty of a Class 3 felony, and upon notice of such a conviction the Secretary of State shall forthwith revoke the driver's license of the person convicted, as provided in Section 6-205 of the Code. Any person convicted of a violation of paragraph (2.1) of subsection (a) of this Section is guilty of a Class 2 felony. Any person convicted of a violation of paragraph (2.2) of subsection (a) of this Section is guilty of a Class 1 felony.

(c) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 2012.

(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13; 97-1150, eff. 1-25-13.)