Full Text of HB3855 102nd General Assembly
HB3855enr 102ND GENERAL ASSEMBLY |
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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 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 - | 8 | | penalty.
| 9 | | (a) No person
shall operate a motor vehicle in this State | 10 | | unless the motor vehicle is covered by a
liability insurance | 11 | | policy in accordance with Section 7-601 of this Code.
| 12 | | (a-5) A person commits the offense of operation of | 13 | | uninsured motor vehicle causing bodily harm when the person: | 14 | | (1) operates a motor vehicle in violation of Section | 15 | | 7-601 of this Code; and | 16 | | (2) causes, as a proximate result of the person's | 17 | | operation of the motor vehicle, bodily harm to another | 18 | | person. | 19 | | (a-6) Uninsured operation of a motor vehicle under | 20 | | subsection (a-5) is a Class A misdemeanor. If a person | 21 | | convicted of the offense of operation of a motor vehicle under | 22 | | subsection (a-5) has previously been convicted of 2 or more | 23 | | violations of subsection (a-5) of this Section or of Section |
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| 1 | | 7-601 of this Code, a fine of $2,500, in addition to any | 2 | | sentence of incarceration, must be imposed. | 3 | | (b) Any person who fails to comply with a request by a law | 4 | | enforcement
officer for display of evidence of insurance, as | 5 | | required under Section
7-602 of this Code, shall be deemed to | 6 | | be operating an uninsured motor vehicle.
| 7 | | (c) Except as provided in subsections (a-6) and (c-5), any | 8 | | operator of a motor vehicle subject to registration under this
| 9 | | Code , or under a similar law of another state,
who is convicted | 10 | | of violating this Section is guilty of a petty
offense and | 11 | | shall be required to pay a fine in excess of $500, but
not more | 12 | | than $1,000, except a person convicted of a third or | 13 | | subsequent violation of this Section shall be guilty of a | 14 | | business offense and shall be required to pay a fine of $1,000. | 15 | | However, no person charged with violating this
Section shall | 16 | | be convicted if such person produces in court satisfactory
| 17 | | evidence that at the time of the arrest the motor vehicle was | 18 | | covered by a
liability insurance policy in accordance with | 19 | | Section 7-601 of this Code.
The chief judge of each circuit may | 20 | | designate an officer of the court to
review the documentation | 21 | | demonstrating that at the time of arrest the motor
vehicle was | 22 | | covered by a liability insurance policy in accordance with | 23 | | Section
7-601 of this Code. | 24 | | (c-1) A person convicted of violating this Section shall | 25 | | also have his or her driver's license, permit, or privileges | 26 | | suspended for 3 months. After the expiration of the 3 months, |
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| 1 | | the person's driver's license, permit, or privileges shall not | 2 | | be reinstated until he or she has paid a reinstatement fee of | 3 | | $100. If a person violates this Section while his or her | 4 | | driver's license, permit, or privileges are suspended under | 5 | | this subsection (c-1), his or her driver's license, permit, or | 6 | | privileges shall be suspended for an additional 6 months and | 7 | | until he or she pays the reinstatement fee.
| 8 | | (c-5) A person who (i) has not previously been convicted | 9 | | of or received a disposition of court supervision for | 10 | | violating this Section and (ii) produces at his or her court | 11 | | appearance satisfactory evidence that the motor vehicle is | 12 | | covered, as of the date of the court appearance, by a liability | 13 | | insurance policy in accordance with Section 7-601 of this Code | 14 | | shall, for a violation of this Section, other than a violation | 15 | | of subsection (a-5), pay a fine of $100 and receive a | 16 | | disposition of court supervision. The person must, on the date | 17 | | that the period of court supervision is scheduled to | 18 | | terminate, produce satisfactory evidence that the vehicle was | 19 | | covered by the required liability insurance policy during the | 20 | | entire period of court supervision. | 21 | | An officer of the court designated under subsection (c) | 22 | | may also review liability insurance documentation under this | 23 | | subsection (c-5) to determine if the motor vehicle is, as of | 24 | | the date of the court appearance, covered by a liability | 25 | | insurance policy in accordance with Section 7-601 of this | 26 | | Code. The officer of the court shall also determine, on the |
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| 1 | | date the period of court supervision is scheduled to | 2 | | terminate, whether the vehicle was covered by the required | 3 | | policy during the entire period of court supervision.
| 4 | | (d) A person convicted a third or subsequent time of | 5 | | violating this
Section or a similar provision of a local | 6 | | ordinance must give proof to the
Secretary of State of the | 7 | | person's financial responsibility as defined in
Section 7-315. | 8 | | The person must maintain the proof in a manner satisfactory to
| 9 | | the Secretary for a minimum period of 3 years after the date | 10 | | the proof is
first filed. The Secretary must suspend the | 11 | | driver's license of any person
determined by the Secretary not | 12 | | to have provided adequate proof of financial
responsibility as | 13 | | required by this subsection.
| 14 | | (Source: P.A. 99-613, eff. 1-1-17; 100-202, eff. 1-1-18 .)
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