HB6608 93RD GENERAL ASSEMBLY

LRB093 19468 DRH 45207 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6608

Introduced 02/09/04, by Charles E. Jefferson

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-707	from Ch. 95 1/2, par. 3-707
625 ILCS 5/3-708	from Ch. 95 1/2, par. 3-708
625 ILCS 5/7-606	from Ch. 95 1/2, par. 7-606
625 ILCS 5/7-607	from Ch. 95 1/2, par. 7-607

Amends the Illinois Vehicle Code. Increases the fine for operating an uninsured vehicle to an amount in excess of $1,000, but not more than $2,000 (from an amount in excess of $500, but not more than $1,000). Increases the fine for operating a vehicle when registration is suspended for noninsurance to not less than $2,000 and not more than $4,000 (from not less than $1,000 and not more than $2,000). Increases from $100 to $200 the fee for reinstatement of the registration of a motor vehicle after the registration was suspended because the owner was convicted of operating an uninsured vehicle, operating a vehicle when its registration was suspended for noninsurance, or display of a false insurance card. Increases from $200 to $400 the fee for reinstatement if the vehicle's registration was suspended because the owner submitted false proof of insurance.

A BILL FOR

AN ACT concerning vehicles.

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 Sections 3-707, 3-708, 7-606, and 7-607 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 business offense and shall be required to pay a fine in excess of $1,000 $500, but not more than $2,000 $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.

(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.)

(625 ILCS 5/3-708) (from Ch. 95 1/2, par. 3-708)

Sec. 3-708. Operation of motor vehicle when registration suspended for noninsurance. No person shall operate a vehicle the registration of which is suspended pursuant to Section 7-606 or 7-607 of this Code.

Any person convicted of violating this Section is guilty of a business offense and shall be required to pay a fine of not less than $2,000 $1,000 and not more than $4,000 $2,000. Any person convicted of a second or subsequent violation of this Section is guilty of a Class B misdemeanor and shall be required to pay a fine of not less than $1,000 and not more than $2,000.

(Source: P.A. 90-559, eff. 6-1-98.)

(625 ILCS 5/7-606) (from Ch. 95 1/2, par. 7-606)

Sec. 7-606. Uninsured motor vehicles - suspension and reinstatement. The Secretary shall suspend the vehicle registration of any motor vehicle determined by the Secretary to be in violation of Section 7-601 of this Code, including any motor vehicle operated in violation of Section 3-707, 3-708 or 3-710 of this Code by an operator other than the owner of the vehicle. Neither the fact that, subsequent to the date of verification or conviction, the owner acquired the required liability insurance policy nor the fact that the owner terminated ownership of the motor vehicle shall have any bearing upon the Secretary's decision to suspend.

The Secretary is authorized to suspend the registration of any motor vehicle registered in this State upon receiving notice of the conviction of the operator of the motor vehicle in another State of an offense which, if committed in this State, would constitute a violation of Section 7-601 of this Code.

Until it is terminated, the suspension shall remain in force after the registration is renewed or a new registration is acquired for the motor vehicle. The suspension also shall apply to any motor vehicle to which the owner transfers the registration.

In the case of a first violation, the Secretary shall terminate the suspension upon payment by the owner of a reinstatement fee of $200 $100 and submission of proof of insurance as prescribed by the Secretary.

In the case of a second or subsequent violation by a person having ownership interest in a motor vehicle or vehicles within the preceding 4 years, or a violation of Section 3-708 of this Code, the Secretary shall terminate the suspension 4 months after its effective date upon payment by the owner of a reinstatement fee of $200 $100 and submission of proof of insurance as prescribed by the Secretary.

All fees collected under this Section shall be deposited into the Road Fund of the State treasury.

(Source: P.A. 88-315.)

(625 ILCS 5/7-607) (from Ch. 95 1/2, par. 7-607)

Sec. 7-607. Submission of false proof - penalty. If the Secretary determines that the proof of insurance submitted by a motor vehicle owner under Section 7-604, 7-605 or 7-606 of this Code is false, the Secretary shall suspend the owner's vehicle registration. The Secretary shall terminate the suspension 6 months after its effective date upon payment by the owner of a reinstatement fee of $400 $200 and submission of proof of insurance as prescribed by the Secretary.

All fees collected under this Section shall be deposited into the Road Fund of the State treasury.

(Source: P.A. 85-1201.)