093_HB0092
LRB093 02382 RLC 02390b
1 AN ACT in relation to vehicles.
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 Sections 11-204 and 11-204.1 as follows:
6 (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
7 Sec. 11-204. Fleeing or attempting to elude peace police
8 officer.
9 (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 A 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 (a-1) For purposes of subsection (a) of this Section,
27 the termination of a pursuit of a fleeing vehicle by a peace
28 officer for safety reasons shall be considered fresh pursuit
29 of the driver or operator of a motor vehicle if a peace
30 officer resumes the pursuit of the driver or operator of the
31 motor vehicle within 24 hours after the officer terminated
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1 the pursuit for safety reasons.
2 (b) Upon receiving notice of such conviction the
3 Secretary of State shall suspend the drivers license of the
4 person so convicted for a period of not more than 6 months
5 for a first conviction and not more than 12 months for a
6 second conviction.
7 (c) A third or subsequent violation of this Section is a
8 Class 3 4 felony.
9 (Source: P.A. 90-134, eff. 7-22-97.)
10 (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
11 Sec. 11-204.1. Aggravated fleeing or attempt to elude a
12 peace police officer.
13 (a) The offense of aggravated fleeing or attempting to
14 elude a police officer is committed by any driver or operator
15 of a motor vehicle who flees or attempts to elude a peace
16 police officer, after being given a visual or audible signal
17 by a peace police officer in the manner prescribed in
18 subsection (a) of Section 11-204 of this Code, and such
19 flight or attempt to elude:
20 (1) is at a rate of speed at least 21 miles per
21 hour over the legal speed limit;
22 (2) causes bodily injury to any individual; or
23 (3) causes damage in excess of $300 to property.
24 (a-1) For purposes of subsection (a) of this Section,
25 the termination of a pursuit of a fleeing vehicle by a peace
26 officer for safety reasons shall be considered fresh pursuit
27 of the driver or operator of a motor vehicle if a peace
28 officer resumes the pursuit of the driver or operator of the
29 motor vehicle within 24 hours after the officer terminated
30 the pursuit for safety reasons.
31 (b) Any person convicted of a first violation of this
32 Section shall be guilty of a Class 3 4 felony. Upon notice
33 of such a conviction the Secretary of State shall forthwith
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1 revoke the driver's license of the person so convicted, as
2 provided in Section 6-205 of this Code. Any person convicted
3 of a second or subsequent violation of this Section shall be
4 guilty of a Class 2 3 felony, and upon notice of such a
5 conviction the Secretary of State shall forthwith revoke the
6 driver's license of the person convicted, as provided in
7 Section 6-205 of the Code.
8 (c) The motor vehicle used in a violation of this
9 Section is subject to seizure and forfeiture as provided in
10 Sections 36-1 and 36-2 of the Criminal Code of 1961.
11 (Source: P.A. 90-134, eff. 7-22-97.)