Full Text of HB3874 100th General Assembly
HB3874 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3874 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-707 | from Ch. 95 1/2, par. 3-707 | 625 ILCS 5/7-601 | from Ch. 95 1/2, par. 7-601 |
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Amends the Illinois Vehicle Code. Reinforces that no person shall operate, register, or maintain registration of a motor vehicle in this State unless the motor vehicle is covered by a liability insurance policy.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 changing | 5 | | Sections 3-707 and 7-601 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 in this State | 9 | | unless the motor vehicle is covered by a
liability insurance | 10 | | policy in accordance with Section 7-601 of this Code.
| 11 | | (a-5) A person commits the offense of operation of | 12 | | uninsured 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 | 17 | | person. | 18 | | (a-6) Uninsured operation of a motor vehicle under | 19 | | subsection (a-5) is a Class A misdemeanor. If a person | 20 | | convicted of the offense of operation of a motor vehicle under | 21 | | subsection (a-5) has previously been convicted of 2 or more | 22 | | violations of subsection (a-5) of this Section or of Section | 23 | | 7-601 of this Code, a fine of $2,500, in addition to any |
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| 1 | | sentence of incarceration, must be imposed. | 2 | | (b) Any person who fails to comply with a request by a law | 3 | | enforcement
officer for display of evidence of insurance, as | 4 | | required under Section
7-602 of this Code, shall be deemed to | 5 | | be operating an uninsured motor vehicle.
| 6 | | (c) Except as provided in subsections (a-6) and (c-5), any | 7 | | operator of a motor vehicle subject to registration under this
| 8 | | Code
who is convicted of violating this Section is guilty of a | 9 | | petty
offense and shall be required to pay a fine in excess of | 10 | | $500, but
not more than $1,000, except a person convicted of a | 11 | | third or subsequent violation of this Section shall be guilty | 12 | | of a business offense and shall be required to pay a fine of | 13 | | $1,000. However, no person charged with violating this
Section | 14 | | shall be convicted if such person produces in court | 15 | | satisfactory
evidence that at the time of the arrest the motor | 16 | | vehicle was covered by a
liability insurance policy in | 17 | | accordance with Section 7-601 of this Code.
The chief judge of | 18 | | each circuit may designate an officer of the court to
review | 19 | | the documentation demonstrating that at the time of arrest the | 20 | | motor
vehicle was covered by a liability insurance policy in | 21 | | accordance with Section
7-601 of this Code. | 22 | | (c-1) A person convicted of violating this Section shall | 23 | | also have his or her driver's license, permit, or privileges | 24 | | suspended for 3 months. After the expiration of the 3 months, | 25 | | the person's driver's license, permit, or privileges shall not | 26 | | be reinstated until he or she has paid a reinstatement fee of |
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| 1 | | $100. If a person violates this Section while his or her | 2 | | driver's license, permit, or privileges are suspended under | 3 | | this subsection (c-1), his or her driver's license, permit, or | 4 | | privileges shall be suspended for an additional 6 months and | 5 | | until he or she pays the reinstatement fee.
| 6 | | (c-5) A person who (i) has not previously been convicted of | 7 | | or received a disposition of court supervision for violating | 8 | | this Section and (ii) produces at his or her court appearance | 9 | | satisfactory evidence that the motor vehicle is covered, as of | 10 | | the date of the court appearance, by a liability insurance | 11 | | policy in accordance with Section 7-601 of this Code shall, for | 12 | | a violation of this Section, other than a violation of | 13 | | subsection (a-5), pay a fine of $100 and receive a disposition | 14 | | of court supervision. The person must, on the date that the | 15 | | period of court supervision is scheduled to terminate, produce | 16 | | satisfactory evidence that the vehicle was covered by the | 17 | | required liability insurance policy during the entire period of | 18 | | court supervision. | 19 | | An officer of the court designated under subsection (c) may | 20 | | also review liability insurance documentation under this | 21 | | subsection (c-5) to determine if the motor vehicle is, as of | 22 | | the date of the court appearance, covered by a liability | 23 | | insurance policy in accordance with Section 7-601 of this Code. | 24 | | The officer of the court shall also determine, on the date the | 25 | | period of court supervision is scheduled to terminate, whether | 26 | | the vehicle was covered by the required policy during the |
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| 1 | | entire period of court supervision.
| 2 | | (d) A person convicted a third or subsequent time of | 3 | | violating this
Section or a similar provision of a local | 4 | | ordinance must give proof to the
Secretary of State of the | 5 | | person's financial responsibility as defined in
Section 7-315. | 6 | | The person must maintain the proof in a manner satisfactory to
| 7 | | the Secretary for a minimum period of 3 years after the date | 8 | | the proof is
first filed. The Secretary must suspend the | 9 | | driver's license of any person
determined by the Secretary not | 10 | | to have provided adequate proof of financial
responsibility as | 11 | | required by this subsection.
| 12 | | (Source: P.A. 99-613, eff. 1-1-17 .)
| 13 | | (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
| 14 | | Sec. 7-601. Required liability insurance policy.
| 15 | | (a) No person shall operate, register or maintain | 16 | | registration of, and no
owner shall permit another person to | 17 | | operate, register or maintain registration
of, a motor vehicle | 18 | | designed to be used on a public highway in this State unless | 19 | | the motor
vehicle is covered by a liability insurance policy.
| 20 | | The insurance policy shall be issued in amounts no less | 21 | | than the minimum
amounts set for bodily injury or death and for | 22 | | destruction of property under
Section 7-203 of this Code, and | 23 | | shall be issued in accordance with the
requirements of Sections | 24 | | 143a and 143a-2 of the Illinois Insurance Code, as
amended. No | 25 | | insurer other than an insurer authorized to do business in this
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| 1 | | State shall issue a policy pursuant to this Section for any | 2 | | vehicle subject to
registration under this Code. Nothing herein | 3 | | shall deprive an insurer of any
policy defense available at | 4 | | common law.
| 5 | | (b) The following vehicles are exempt from the requirements | 6 | | of this Section:
| 7 | | (1) vehicles subject to the provisions of Chapters 8 or | 8 | | 18a, Article
III or Section 7-609 of Chapter 7, or
Sections | 9 | | 12-606 or 12-707.01 of Chapter 12 of this Code;
| 10 | | (2) vehicles required to file proof of liability | 11 | | insurance with the
Illinois Commerce Commission;
| 12 | | (3) vehicles covered by a certificate of | 13 | | self-insurance under Section
7-502 of this Code;
| 14 | | (4) vehicles owned by the United States, the State of | 15 | | Illinois, or any
political subdivision, municipality or | 16 | | local mass transit district;
| 17 | | (5) implements of husbandry;
| 18 | | (6) other vehicles complying with laws which require | 19 | | them to be insured
in amounts meeting or exceeding the | 20 | | minimum amounts required under this
Section; and
| 21 | | (7) inoperable or stored vehicles that are not | 22 | | operated, as defined by
rules and regulations of the | 23 | | Secretary.
| 24 | | (c) Every employee of a State agency, as that term is | 25 | | defined in the
Illinois State Auditing Act,
who is assigned a
| 26 | | specific vehicle owned or leased by the State on an ongoing |
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| 1 | | basis shall provide
the certification described in this Section | 2 | | annually to the director or chief
executive officer of his or | 3 | | her agency.
| 4 | | The certification shall affirm that the employee is duly | 5 | | licensed to
drive the assigned vehicle and that (i) the | 6 | | employee has liability insurance
coverage extending to the | 7 | | employee when the assigned vehicle is used for other
than | 8 | | official State business, or (ii) the employee has filed
a bond | 9 | | with the Secretary of State as proof of financial | 10 | | responsibility, in an
amount equal to, or in excess of the | 11 | | requirements stated within this Section.
Upon request of the | 12 | | agency director or chief executive officer, the employee
shall | 13 | | present evidence to
support
the certification.
| 14 | | The certification shall be provided during the period July | 15 | | 1 through July
31 of each calendar year, or within 30 days of | 16 | | any new assignment of a vehicle
on
an ongoing basis, whichever | 17 | | is later.
| 18 | | The employee's authorization to use the assigned vehicle | 19 | | shall
automatically
be rescinded upon:
| 20 | | (1) the revocation or suspension of the license | 21 | | required to drive the
assigned vehicle;
| 22 | | (2) the cancellation or termination for any reason of | 23 | | the automobile
liability insurance coverage as required in | 24 | | item (c) (i); or
| 25 | | (3) the termination of the bond filed with the | 26 | | Secretary of State.
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| 1 | | All State employees providing the required certification | 2 | | shall immediately
notify the agency director or chief executive | 3 | | officer in the event any of these
actions occur.
| 4 | | All peace
officers employed by a State agency who are | 5 | | primarily responsible for
prevention and detection of crime and | 6 | | the enforcement of the criminal, traffic,
or
highway laws of | 7 | | this State, and prohibited by agency rule or policy to use an
| 8 | | assigned vehicle owned or leased by the State for regular | 9 | | personal or off-duty
use, are exempt from the requirements of | 10 | | this Section.
| 11 | | (Source: P.A. 91-661, eff. 12-22-99.)
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