Rep. Keith P. Sommer

Filed: 3/30/2011

 

 


 

 


 
09700HB2267ham003LRB097 07392 HEP 53639 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. If a person
4convicted of the offense of operation of a motor vehicle under
5subsection (a-5) has previously been convicted of 2 or more
6violations of subsection (a-5) of this Section or of Section
77-601 of this Code, a fine of $2,500, in addition to any
8sentence of incarceration, must be imposed.
9    (b) Any person who fails to comply with a request by a law
10enforcement officer for display of evidence of insurance, as
11required under Section 7-602 of this Code, shall be deemed to
12be operating an uninsured motor vehicle.
13    (c) Except as provided in subsections (a-6) and (c-5), any
14operator of a motor vehicle subject to registration under this
15Code who is convicted of violating this Section is guilty of a
16business offense and shall be required to pay a fine in excess
17of $500, but not more than $1,000, except a person convicted of
18a third or subsequent violation of this Section shall be
19required to pay a fine of $1,000. However, no person charged
20with violating this Section shall be convicted if such person
21produces in court satisfactory evidence that at the time of the
22arrest the motor vehicle was covered by a liability insurance
23policy in accordance with Section 7-601 of this Code. The chief
24judge of each circuit may designate an officer of the court to
25review the documentation demonstrating that at the time of
26arrest the motor vehicle was covered by a liability insurance

 

 

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

 

 

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1subsection (c-5) to determine if the motor vehicle is, as of
2the date of the court appearance, covered by a liability
3insurance policy in accordance with Section 7-601 of this Code.
4The officer of the court shall also determine, on the date the
5period of court supervision is scheduled to terminate, whether
6the vehicle was covered by the required policy during the
7entire period of court supervision.
8    (d) A person convicted a third or subsequent time of
9violating this Section or a similar provision of a local
10ordinance must give proof to the Secretary of State of the
11person's financial responsibility as defined in Section 7-315.
12The person must maintain the proof in a manner satisfactory to
13the Secretary for a minimum period of 3 years after the date
14the proof is first filed. The Secretary must suspend the
15driver's license of any person determined by the Secretary not
16to have provided adequate proof of financial responsibility as
17required by this subsection.
18(Source: P.A. 95-211, eff. 1-1-08; 95-686, eff. 6-1-08; 95-876,
19eff. 8-21-08; 96-143, eff. 1-1-10.)".