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Public Act 100-0202


 

Public Act 0202 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0202
 
HB3874 EnrolledLRB100 11057 AXK 21296 b

    AN ACT concerning transportation.
 
    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 and 7-601 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 in this State
unless the motor vehicle is covered by a liability insurance
policy in accordance with Section 7-601 of this Code.
    (a-5) A person commits the offense of operation of
uninsured motor vehicle causing bodily harm when the person:
        (1) operates a motor vehicle in violation of Section
    7-601 of this Code; and
        (2) causes, as a proximate result of the person's
    operation of the motor vehicle, bodily harm to another
    person.
    (a-6) Uninsured operation of a motor vehicle under
subsection (a-5) is a Class A misdemeanor. If a person
convicted of the offense of operation of a motor vehicle under
subsection (a-5) has previously been convicted of 2 or more
violations of subsection (a-5) of this Section or of Section
7-601 of this Code, a fine of $2,500, in addition to any
sentence of incarceration, must be imposed.
    (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) Except as provided in subsections (a-6) and (c-5), any
operator of a motor vehicle subject to registration under this
Code who is convicted of violating this Section is guilty of a
petty offense and shall be required to pay a fine in excess of
$500, but not more than $1,000, except a person convicted of a
third or subsequent violation of this Section shall be guilty
of a business offense and shall be required to pay a fine of
$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) A person convicted of violating this Section shall
also have his or her driver's license, permit, or privileges
suspended for 3 months. After the expiration of the 3 months,
the person's driver's license, permit, or privileges shall not
be reinstated until he or she has paid a reinstatement fee of
$100. If a person violates this Section while his or her
driver's license, permit, or privileges are suspended under
this subsection (c-1), his or her driver's license, permit, or
privileges shall be suspended for an additional 6 months and
until he or she pays the reinstatement fee.
    (c-5) A person who (i) has not previously been convicted of
or received a disposition of court supervision for violating
this Section and (ii) produces at his or her court appearance
satisfactory evidence that the motor vehicle is covered, as of
the date of the court appearance, by a liability insurance
policy in accordance with Section 7-601 of this Code shall, for
a violation of this Section, other than a violation of
subsection (a-5), pay a fine of $100 and receive a disposition
of court supervision. The person must, on the date that the
period of court supervision is scheduled to terminate, produce
satisfactory evidence that the vehicle was covered by the
required liability insurance policy during the entire period of
court supervision.
    An officer of the court designated under subsection (c) may
also review liability insurance documentation under this
subsection (c-5) to determine if the motor vehicle is, as of
the date of the court appearance, covered by a liability
insurance policy in accordance with Section 7-601 of this Code.
The officer of the court shall also determine, on the date the
period of court supervision is scheduled to terminate, whether
the vehicle was covered by the required policy during the
entire period of court supervision.
    (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 3 years 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. 99-613, eff. 1-1-17.)
 
    (625 ILCS 5/7-601)  (from Ch. 95 1/2, par. 7-601)
    Sec. 7-601. Required liability insurance policy.
    (a) No person shall operate, register or maintain
registration of, and no owner shall permit another person to
operate, register or maintain registration of, a motor vehicle
designed to be used on a public highway in this State unless
the motor vehicle is covered by a liability insurance policy.
    The insurance policy shall be issued in amounts no less
than the minimum amounts set for bodily injury or death and for
destruction of property under Section 7-203 of this Code, and
shall be issued in accordance with the requirements of Sections
143a and 143a-2 of the Illinois Insurance Code, as amended. No
insurer other than an insurer authorized to do business in this
State shall issue a policy pursuant to this Section for any
vehicle subject to registration under this Code. Nothing herein
shall deprive an insurer of any policy defense available at
common law.
    (b) The following vehicles are exempt from the requirements
of this Section:
        (1) vehicles subject to the provisions of Chapters 8 or
    18a, Article III or Section 7-609 of Chapter 7, or Sections
    12-606 or 12-707.01 of Chapter 12 of this Code;
        (2) vehicles required to file proof of liability
    insurance with the Illinois Commerce Commission;
        (3) vehicles covered by a certificate of
    self-insurance under Section 7-502 of this Code;
        (4) vehicles owned by the United States, the State of
    Illinois, or any political subdivision, municipality or
    local mass transit district;
        (5) implements of husbandry;
        (6) other vehicles complying with laws which require
    them to be insured in amounts meeting or exceeding the
    minimum amounts required under this Section; and
        (7) inoperable or stored vehicles that are not
    operated, as defined by rules and regulations of the
    Secretary.
    (c) Every employee of a State agency, as that term is
defined in the Illinois State Auditing Act, who is assigned a
specific vehicle owned or leased by the State on an ongoing
basis shall provide the certification described in this Section
annually to the director or chief executive officer of his or
her agency.
    The certification shall affirm that the employee is duly
licensed to drive the assigned vehicle and that (i) the
employee has liability insurance coverage extending to the
employee when the assigned vehicle is used for other than
official State business, or (ii) the employee has filed a bond
with the Secretary of State as proof of financial
responsibility, in an amount equal to, or in excess of the
requirements stated within this Section. Upon request of the
agency director or chief executive officer, the employee shall
present evidence to support the certification.
    The certification shall be provided during the period July
1 through July 31 of each calendar year, or within 30 days of
any new assignment of a vehicle on an ongoing basis, whichever
is later.
    The employee's authorization to use the assigned vehicle
shall automatically be rescinded upon:
        (1) the revocation or suspension of the license
    required to drive the assigned vehicle;
        (2) the cancellation or termination for any reason of
    the automobile liability insurance coverage as required in
    item (c) (i); or
        (3) the termination of the bond filed with the
    Secretary of State.
    All State employees providing the required certification
shall immediately notify the agency director or chief executive
officer in the event any of these actions occur.
    All peace officers employed by a State agency who are
primarily responsible for prevention and detection of crime and
the enforcement of the criminal, traffic, or highway laws of
this State, and prohibited by agency rule or policy to use an
assigned vehicle owned or leased by the State for regular
personal or off-duty use, are exempt from the requirements of
this Section.
(Source: P.A. 91-661, eff. 12-22-99.)

Effective Date: 1/1/2018