Rep. Keith P. Sommer

Filed: 3/28/2011

 

 


 

 


 
09700HB2267ham001LRB097 07392 HEP 53355 a

1
AMENDMENT TO HOUSE BILL 2267

2    AMENDMENT NO. ______. Amend House Bill 2267 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing 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 - penalty.
8    (a) No person shall operate a motor vehicle unless the
9motor vehicle is covered by a liability insurance policy in
10accordance with Section 7-601 of this Code.
11    (a-5) A person commits the offense of operation of
12uninsured motor vehicle causing bodily harm when the person:
13        (1) operates a motor vehicle in violation of Section
14    7-601 of this Code; and
15        (2) causes, as a proximate result of the person's
16    operation of the motor vehicle, bodily harm to another

 

 

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1    person.
2    (a-6) Uninsured operation of a motor vehicle under
3subsection (a-5) is a Class A misdemeanor. A fine of $2,500
4shall be imposed for a third or subsequent conviction of the
5offense of operation of a motor vehicle under subsection (a-5).
6    (b) Any person who fails to comply with a request by a law
7enforcement officer for display of evidence of insurance, as
8required under Section 7-602 of this Code, shall be deemed to
9be operating an uninsured motor vehicle.
10    (c) Except as provided in subsections (a-6) and (c-5), any
11operator of a motor vehicle subject to registration under this
12Code who is convicted of violating this Section is guilty of a
13business offense and shall be required to pay a fine in excess
14of $500, but not more than $1,000, except a person convicted of
15a third or subsequent violation of this Section shall be
16required to pay a fine of $1,000. However, no person charged
17with violating this Section shall be convicted if such person
18produces in court satisfactory evidence that at the time of the
19arrest the motor vehicle was covered by a liability insurance
20policy in accordance with Section 7-601 of this Code. The chief
21judge of each circuit may designate an officer of the court to
22review the documentation demonstrating that at the time of
23arrest the motor vehicle was covered by a liability insurance
24policy in accordance with Section 7-601 of this Code.
25    (c-1) A person convicted of violating this Section shall
26also have his or her driver's license, permit, or privileges

 

 

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1suspended for 3 months. After the expiration of the 3 months,
2the person's driver's license, permit, or privileges shall not
3be reinstated until he or she has paid a reinstatement fee of
4$100. If a person violates this Section while his or her
5driver's license, permit, or privileges are suspended under
6this subsection (c-1), his or her driver's license, permit, or
7privileges shall be suspended for an additional 6 months and
8until he or she pays the reinstatement fee.
9    (c-5) A person who (i) has not previously been convicted of
10or received a disposition of court supervision for violating
11this Section and (ii) produces at his or her court appearance
12satisfactory evidence that the motor vehicle is covered, as of
13the date of the court appearance, by a liability insurance
14policy in accordance with Section 7-601 of this Code shall, for
15a violation of this Section, other than a violation of
16subsection (a-5), pay a fine of $100 and receive a disposition
17of court supervision. The person must, on the date that the
18period of court supervision is scheduled to terminate, produce
19satisfactory evidence that the vehicle was covered by the
20required liability insurance policy during the entire period of
21court supervision.
22    An officer of the court designated under subsection (c) may
23also review liability insurance documentation under this
24subsection (c-5) to determine if the motor vehicle is, as of
25the date of the court appearance, covered by a liability
26insurance policy in accordance with Section 7-601 of this Code.

 

 

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1The officer of the court shall also determine, on the date the
2period of court supervision is scheduled to terminate, whether
3the vehicle was covered by the required policy during the
4entire period of court supervision.
5    (d) A person convicted a third or subsequent time of
6violating this Section or a similar provision of a local
7ordinance must give proof to the Secretary of State of the
8person's financial responsibility as defined in Section 7-315.
9The person must maintain the proof in a manner satisfactory to
10the Secretary for a minimum period of 3 years after the date
11the proof is first filed. The Secretary must suspend the
12driver's license of any person determined by the Secretary not
13to have provided adequate proof of financial responsibility as
14required by this subsection.
15(Source: P.A. 95-211, eff. 1-1-08; 95-686, eff. 6-1-08; 95-876,
16eff. 8-21-08; 96-143, eff. 1-1-10.)".