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90_HB2244
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
Amends the Illinois Vehicle Code. Increases the penalty
for fleeing or attempting to elude a police officer from a
Class B misdemeanor to a Class 4 felony. Increases the
penalty for aggravated fleeing or attempt to elude a police
officer from a Class A misdemeanor to a Class 3 felony if
only property damage occurs and from a Class 4 felony to a
Class 2 felony if bodily injury occurs. Increases from a
Class 4 felony to a Class 2 felony, a second or subsequent
conviction of aggravated fleeing within 5 years of a prior
conviction.
LRB9003753RCks
LRB9003753RCks
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 11-204 and 11-204.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 11-204 and 11-204.1 as follows:
7 (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
8 Sec. 11-204. Fleeing or attempting to elude police
9 officer. (a) Any driver or operator of a motor vehicle who,
10 having been given a visual or audible signal by a peace
11 officer directing such driver or operator to bring his
12 vehicle to a stop, wilfully fails or refuses to obey such
13 direction, increases his speed, extinguishes his lights, or
14 otherwise flees or attempts to elude the officer, is guilty
15 of a Class 4 felony B misdemeanor. The signal given by the
16 peace officer may be by hand, voice, siren, red or blue
17 light. Provided, the officer giving such signal shall be in
18 police uniform, and, if driving a vehicle, such vehicle shall
19 display illuminated oscillating, rotating or flashing red or
20 blue lights which when used in conjunction with an audible
21 horn or siren would indicate the vehicle to be an official
22 police vehicle. Such requirement shall not preclude the use
23 of amber or white oscillating, rotating or flashing lights in
24 conjunction with red or blue oscillating, rotating or
25 flashing lights as required in Section 12-215 of Chapter 12.
26 (b) Upon receiving notice of such conviction the
27 Secretary of State may forthwith suspend the drivers license
28 of the person so convicted for a period of not more than 6
29 months.
30 (Source: P.A. 85-830.)
-2- LRB9003753RCks
1 (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
2 Sec. 11-204.1. Aggravated fleeing or attempt to elude a
3 police officer.
4 (a) The offense of aggravated fleeing or attempting to
5 elude a police officer is committed by any driver or operator
6 of a motor vehicle who flees or attempts to elude a police
7 officer, after being given a visual or audible signal by a
8 police officer in the manner prescribed in subsection (a) of
9 Section 11-204 of this Code, and such flight or attempt to
10 elude:
11 (1) is at a rate of speed at least 21 miles per
12 hour over the legal speed limit; and
13 (2) causes bodily injury to any individual or
14 causes damage in excess of $300 to private property.
15 (b) Any person convicted of a violation of this Section
16 shall be guilty of a Class 3 felony A misdemeanor if the
17 flight or attempt to elude causes damage in excess of $300 to
18 private property. Any person convicted of a violation of
19 this Section shall be guilty of a Class 2 4 felony if the
20 flight or attempt to elude causes bodily injury to any
21 individual. Upon notice of such a conviction the Secretary of
22 State shall forthwith revoke the driver's license of the
23 person so convicted, as provided in Section 6-205 of this
24 Code. Any person convicted of a second or subsequent
25 violation of this Section within five years of any prior
26 conviction of this Section shall be guilty of a Class 2 4
27 felony, and upon notice of such a conviction the Secretary of
28 State shall forthwith revoke the driver's license of the
29 person convicted, as provided in Section 6-205 of the Code.
30 (Source: P.A. 88-679, eff. 7-1-95.)