Public Act 099-0613
 
HB5723 EnrolledLRB099 18549 AXK 42928 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 
Section 3-707 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 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 business
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. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)