SB0028sam001 94TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 4/6/2005

09400SB0028sam001 LRB094 06200 DRH 44091 a

AMENDMENT TO SENATE BILL 28

AMENDMENT NO. ______. Amend Senate Bill 28 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 3-707 as follows:

(625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)

Sec. 3-707. Operation of uninsured motor vehicle - penalty.

(a) No person shall operate a motor vehicle unless the motor vehicle is covered by a liability insurance policy in accordance with Section 7-601 of this Code.

(b) Any person who fails to comply with a request by a law enforcement officer for display of evidence of insurance, as required under Section 7-602 of this Code, shall be deemed to be operating an uninsured motor vehicle.

(c) Any operator of a motor vehicle subject to registration under this Code who is convicted of violating this Section is guilty of a petty business offense and, except as provided in subsection (c-1), shall be required to pay a fine in excess of $500, but not more than $1,000. However, no person charged with violating this Section shall be convicted if such person produces in court satisfactory evidence that at the time of the arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7-601 of this Code. The chief judge of each circuit may designate an officer of the court to review the documentation demonstrating that at the time of arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7-601 of this Code.

(c-1) If the operator of a motor vehicle is also its owner, and if, on the date on which the operator of a motor vehicle is charged with a violation of this Section, the motor vehicle has been uninsured for a period in excess of 180 days, the operator of the motor vehicle shall be required to pay, in addition to the $500 fine provided for in subsection (c), a fine of $7 for each day in excess of 180 days that the motor vehicle was uninsured. The total fine for a single violation of this Section, however, may not exceed $1,000.

(d) A person convicted a third or subsequent time of violating this Section or a similar provision of a local ordinance must give proof to the Secretary of State of the person's financial responsibility as defined in Section 7-315. The person must maintain the proof in a manner satisfactory to the Secretary for a minimum period of one year after the date the proof is first filed. The Secretary must suspend the driver's license of any person determined by the Secretary not to have provided adequate proof of financial responsibility as required by this subsection.

(Source: P.A. 92-775, eff. 7-1-03.)".