Full Text of HB2267 97th General Assembly
HB2267ham002 97TH GENERAL ASSEMBLY | Rep. Keith P. Sommer Filed: 3/29/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2267
| 2 | | AMENDMENT NO. ______. Amend House Bill 2267 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 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 | 9 | | motor vehicle is covered by a
liability insurance policy in | 10 | | accordance with Section 7-601 of this Code.
| 11 | | (a-5) A person commits the offense of operation of | 12 | | uninsured 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 |
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| 1 | | person. | 2 | | (a-6) Uninsured operation of a motor vehicle under | 3 | | subsection (a-5) is a Class A misdemeanor. If a person | 4 | | convicted of the offense of operation of a motor vehicle under | 5 | | subsection (a-5) has previously been convicted of 2 or more | 6 | | violations of Section 7-601 of this Code, a fine of $2,500, in | 7 | | addition to any sentence of incarceration, must be imposed. | 8 | | (b) Any person who fails to comply with a request by a law | 9 | | enforcement
officer for display of evidence of insurance, as | 10 | | required under Section
7-602 of this Code, shall be deemed to | 11 | | be operating an uninsured motor vehicle.
| 12 | | (c) Except as provided in subsections (a-6) and (c-5), any | 13 | | operator of a motor vehicle subject to registration under this
| 14 | | Code
who is convicted of violating this Section is guilty of a | 15 | | business
offense and shall be required to pay a fine in excess | 16 | | of $500, but
not more than $1,000 , except a person convicted of | 17 | | a third or subsequent violation of this Section shall be | 18 | | required to pay a fine of $1,000 . However, no person charged | 19 | | with violating this
Section shall be convicted if such person | 20 | | produces in court satisfactory
evidence that at the time of the | 21 | | arrest the motor vehicle was covered by a
liability insurance | 22 | | policy in accordance with Section 7-601 of this Code.
The chief | 23 | | judge of each circuit may designate an officer of the court to
| 24 | | review the documentation demonstrating that at the time of | 25 | | arrest the motor
vehicle was covered by a liability insurance | 26 | | policy in accordance with Section
7-601 of this Code. |
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| 1 | | (c-1) A person convicted of violating this Section shall | 2 | | also have his or her driver's license, permit, or privileges | 3 | | suspended for 3 months. After the expiration of the 3 months, | 4 | | the person's driver's license, permit, or privileges shall not | 5 | | be reinstated until he or she has paid a reinstatement fee of | 6 | | $100. If a person violates this Section while his or her | 7 | | driver's license, permit, or privileges are suspended under | 8 | | this subsection (c-1), his or her driver's license, permit, or | 9 | | privileges shall be suspended for an additional 6 months and | 10 | | until he or she pays the reinstatement fee.
| 11 | | (c-5) A person who (i) has not previously been convicted of | 12 | | or received a disposition of court supervision for violating | 13 | | this Section and (ii) produces at his or her court appearance | 14 | | satisfactory evidence that the motor vehicle is covered, as of | 15 | | the date of the court appearance, by a liability insurance | 16 | | policy in accordance with Section 7-601 of this Code shall, for | 17 | | a violation of this Section, other than a violation of | 18 | | subsection (a-5), pay a fine of $100 and receive a disposition | 19 | | of court supervision. The person must, on the date that the | 20 | | period of court supervision is scheduled to terminate, produce | 21 | | satisfactory evidence that the vehicle was covered by the | 22 | | required liability insurance policy during the entire period of | 23 | | court supervision. | 24 | | An officer of the court designated under subsection (c) may | 25 | | also review liability insurance documentation under this | 26 | | subsection (c-5) to determine if the motor vehicle is, as of |
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| 1 | | the date of the court appearance, covered by a liability | 2 | | insurance policy in accordance with Section 7-601 of this Code. | 3 | | The officer of the court shall also determine, on the date the | 4 | | period of court supervision is scheduled to terminate, whether | 5 | | the vehicle was covered by the required policy during the | 6 | | entire period of court supervision.
| 7 | | (d) A person convicted a third or subsequent time of | 8 | | violating this
Section or a similar provision of a local | 9 | | ordinance must give proof to the
Secretary of State of the | 10 | | person's financial responsibility as defined in
Section 7-315. | 11 | | The person must maintain the proof in a manner satisfactory to
| 12 | | the Secretary for a minimum period of 3 years after the date | 13 | | the proof is
first filed. The Secretary must suspend the | 14 | | driver's license of any person
determined by the Secretary not | 15 | | to have provided adequate proof of financial
responsibility as | 16 | | required by this subsection.
| 17 | | (Source: P.A. 95-211, eff. 1-1-08; 95-686, eff. 6-1-08; 95-876, | 18 | | eff. 8-21-08; 96-143, eff. 1-1-10.)".
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