VEH CD-INSURANCE: SUPERVISION
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SB 1817 — VEH CD-INSURANCE: SUPERVISION
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Illinois Vehicle Code. Provides that a person who commits operation of an uninsured motor vehicle shall be assigned a period of court supervision not to exceed 6 months, if the person (i) has not previously been convicted of or received a disposition of court supervision for operating an uninsured motor vehicle, 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. Provides that a person assigned supervision shall, 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. Makes a corresponding change in the Unified Code of Corrections stating that a first time offender given supervision is not required to maintain evidence of financial responsibility for three years. Effective immediately.
Bill Text
What changed in the latest version
457 added · 466 removedPlain-language change summary
The recent amendment to SB 1817 has clarified the requirements for individuals who operate uninsured motor vehicles. Now, not only must they provide proof of insurance when appearing in court, but they also need to show that their vehicle has been insured throughout the entire supervision period before it ends. This change is important as it ensures that individuals remain compliant with insurance requirements for the duration of their court supervision, promoting safer driving practices. Additionally, the amendment specifies that first-time offenders will not have to maintain proof of financial responsibility for three years, which could reduce their administrative burden.
*LRB09810448MLW40669b* SB1817 98THEngrossed GENERALLRB098 ASSEMBLY10448 StateMLW of40669 Illinoisb andAN 2014ACT SB1817concerning Introducedtransportation. 2/15/2013, by Sen.
Chapin Rose SYNOPSIS AS INTRODUCED:
ILCS 5/3-707 from Ch.
95 1/2, par.
3-707 ILCS 5/5-6-3.1 from Ch.
38, par.
1005-6-3.1 Amends the Illinois Vehicle Code.
Provides that a person who commits operation of an uninsured motor vehicle shall be assigned a period of court supervision not to exceed 6 months, if the person (i) has not previously been convicted of or received a disposition of court supervision for operating an uninsured motor vehicle, 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.
Provides that a person assigned supervision shall, 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.
Makes a corresponding change in the Unified Code of Corrections stating that a first time offender given supervision is not required to maintain evidence of financial responsibility for three years.
Effective immediately.
LRB098 10448 MLW 40669 b A BILL FOR SB1817 LRB098 10448 MLW 40669 b AN ACT concerning transportation.
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 SB1817 Engrossed - 2 - LRB098 10448 MLW 40669 b sentence of incarceration, must be imposed.
If a person violates this Section while his or her SB1817 Engrossed - 3 - LRB098 10448 MLW 40669 b 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.
The person must, on the date that the period of court supervision assignedis underscheduled thisto subsectionterminate, (c-5)produce maysatisfactory notevidence exceedthat 6the months.vehicle was covered by the required liability insurance policy during the entire period 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 in accordance with Section 7-601 during the entire period of court supervision.
The officer of the court shall also determine, on the date the period of court supervision is scheduled to terminate, whether SB1817 - 4 - LRB098 10448 MLW 40669 b the vehicle was covered by the required policy during the entire period of court supervision.
SB1817 Engrossed - 4 - LRB098 10448 MLW 40669 b (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.
This subsection shall not apply to a person given court supervision under subsection (c-5) of this Section.
Within 90 days of the effective date of this amendatory Act of the 98th General Assembly, a person who is currently required to maintain proof of financial responsibility as described in this subsection may petition the Secretary of State to be removed from the requirement of maintaining proof of financial responsibility as required in this subsection if this person received court supervision under subsection (c-5) of this Section and does not have a subsequent conviction under this Section.
The person petitioning the Secretary must provide proof that he or she received court supervision under subsection (c-5) of this Section and satisfactorily completed the terms of the court supervision.
Once the person has provided this proof to the Secretary and the Secretary determines the person does not have a subsequent conviction under this Section, the Secretary shall terminate SB1817 Engrossed - 5 - LRB098 10448 MLW 40669 b the requirement that the person maintain proof of financial responsibility as required in this Section.
(b) The period of supervision shall be reasonable under all of the circumstances of the case, but may not be longer than 2 years, unless the defendant has failed to pay the assessment SB1817 - 5 - LRB098 10448 MLW 40669 b required by Section 10.3 of the Cannabis Control Act, Section 411.2 of the Illinois Controlled Substances Act, or Section 80 of the Methamphetamine Control and Community Protection Act, in which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no less than 30 hours of community service and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, when the offense (1) was related to or in furtherance of the criminal activities of an SB1817 Engrossed - 6 - LRB098 10448 MLW 40669 b organized gang or was motivated by the defendant's membership in or allegiance to an organized gang;
(c) The court may in addition to other reasonable SB1817 - 6 - LRB098 10448 MLW 40669 b conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each defendant in the proper discretion of the court require that the person:
(3) work or pursue a course of study or vocational SB1817 Engrossed - 7 - LRB098 10448 MLW 40669 b training;
or (v) with the consent of the superintendent of the facility, attend an educational program at a facility SB1817 - 7 - LRB098 10448 MLW 40669 b other than the school in which the offense was committed if he or she is placed on supervision for a crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
The court shall determine the amount and SB1817 Engrossed - 8 - LRB098 10448 MLW 40669 b conditions of payment;
(12) reimburse any "local anti-crime program" as defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the SB1817 - 8 - LRB098 10448 MLW 40669 b fine authorized for the offense for which the defendant was sentenced;
(13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and SB1817 Engrossed - 9 - LRB098 10448 MLW 40669 b to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;
(16) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, SB1817 - 9 - LRB098 10448 MLW 40669 b unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's SB1817 Engrossed - 10 - LRB098 10448 MLW 40669 b employment;
(e) At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied SB1817 - 10 - LRB098 10448 MLW 40669 b with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.
Two years after the discharge and dismissal under this Section, unless the disposition of supervision was for a violation of Sections 3-707, 3-708, SB1817 Engrossed - 11 - LRB098 10448 MLW 40669 b 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961 or the Criminal Code of 2012, in which case it shall be 5 years after discharge and dismissal, a person may have his record of arrest sealed or expunged as may be provided by law.
(g) A defendant placed on supervision and who during the SB1817 - 11 - LRB098 10448 MLW 40669 b period of supervision undergoes mandatory drug or alcohol testing, or both, or is assigned to be placed on an approved electronic monitoring device, shall be ordered to pay the costs incidental to such mandatory drug or alcohol testing, or both, and costs incidental to such approved electronic monitoring in accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol SB1817 Engrossed - 12 - LRB098 10448 MLW 40669 b testing, or both, and all costs incidental to approved electronic monitoring, of all defendants placed on supervision.
(i) The court shall impose upon a defendant placed on supervision after January 1, 1992 or to community service under the supervision of a probation or court services department SB1817 - 12 - LRB098 10448 MLW 40669 b after January 1, 2004, as a condition of supervision or supervised community service, a fee of $50 for each month of supervision or supervised community service ordered by the court, unless after determining the inability of the person placed on supervision or supervised community service to pay the fee, the court assesses a lesser fee.
The SB1817 Engrossed - 13 - LRB098 10448 MLW 40669 b fee shall be collected by the clerk of the circuit court.
The probation department may re-evaluate an offender's ability to pay every 6 months, and, with the approval of the Director of Court Services or the SB1817 - 13 - LRB098 10448 MLW 40669 b Chief Probation Officer, adjust the monthly fee amount.
(j) All fines and costs imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle SB1817 Engrossed - 14 - LRB098 10448 MLW 40669 b Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act.
Show all 53 changed lines (13 more)
The defendant placed on supervision must attend a public SB1817 - 14 - LRB098 10448 MLW 40669 b institution of education to obtain the educational or vocational training required by this subsection (k).
This SB1817 Engrossed - 15 - LRB098 10448 MLW 40669 b subsection (k) does not apply to a defendant who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program.
(l) The court shall require a defendant placed on supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and after a finding by the court that the person is addicted, to undergo treatment at a substance abuse program approved by SB1817 - 15 - LRB098 10448 MLW 40669 b the court.
The proof shall be maintained by the individual SB1817 Engrossed - 16 - LRB098 10448 MLW 40669 b in a manner satisfactory to the Secretary of State for a minimum period of 3 years after the date the proof is first filed.
(o) An offender placed on supervision for a sex offense as defined in the Sex Offender Management Board Act shall refrain SB1817 - 16 - LRB098 10448 MLW 40669 b from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense.
(p) An offender placed on supervision for an offense committed on or after June 1, 2008 (the effective date of SB1817 Engrossed - 17 - LRB098 10448 MLW 40669 b Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age.
(q) An offender placed on supervision for an offense committed on or after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child SB1817 - 17 - LRB098 10448 MLW 40669 b sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age.
(iii) a first or SB1817 Engrossed - 18 - LRB098 10448 MLW 40669 b second cousin of the accused;
(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet SB1817 - 18 - LRB098 10448 MLW 40669 b capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
and SB1817 Engrossed - 19 - LRB098 10448 MLW 40669 b (iv) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the court.
(t) An offender placed on supervision for a sex offense as defined in the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262) shall refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of SB1817 - 19 - LRB098 10448 MLW 40669 b 2012.
The probation department from SB1817 Engrossed - 20 - LRB098 10448 MLW 40669 b the original sentencing court shall retain all probation fees collected prior to the transfer.
This Act takes effect uponJanuary becoming1, law.2014.
Show all 53 changed rows (13 more)
Action History
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Session Sine Die
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Rule 19(a) / Re-referred to Rules Committee
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Rule 19(b) / Motion Referred to Rules Committee
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Motion Filed - Table Bill/Resolution Pursuant to Rule 60(b), Rep. Jil Tracy
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Final Action Deadline Extended-9(b) May 31, 2013
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Added Alternate Chief Co-Sponsor Rep. Dwight Kay
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Transportation: Vehicles & Safety Committee; 006-001-000
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House Committee Amendment No. 1 Adopted in Transportation: Vehicles & Safety Committee; by Voice Vote
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House Committee Amendment No. 1 Rules Refers to Transportation: Vehicles & Safety Committee
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House Committee Amendment No. 1 Referred to Rules Committee
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House Committee Amendment No. 1 Filed with Clerk by Rep. Jil Tracy
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Assigned to Transportation: Vehicles & Safety Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Jil Tracy
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Arrived in House
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Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
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Third Reading - Passed; 054-000-000
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Added as Chief Co-Sponsor Sen. Mattie Hunter
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Placed on Calendar Order of 3rd Reading April 18, 2013
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Senate Floor Amendment No. 2 Adopted; Rose
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Recalled to Second Reading
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Senate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 009-000-000
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Senate Floor Amendment No. 1 Postponed - Criminal Law
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Senate Floor Amendment No. 2 Assignments Refers to Criminal Law
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Chapin Rose
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Senate Floor Amendment No. 1 Postponed - Criminal Law
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Senate Floor Amendment No. 1 Postponed - Criminal Law
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Senate Floor Amendment No. 1 Assignments Refers to Criminal Law
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Chapin Rose
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Placed on Calendar Order of 3rd Reading March 13, 2013
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Second Reading
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Added as Chief Co-Sponsor Sen. Michael Connelly
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Placed on Calendar Order of 2nd Reading March 12, 2013
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Do Pass Criminal Law; 009-000-000
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Assigned to Criminal Law
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Chapin Rose
Sponsors
- Chapin Rose · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Chapin Rose Republican
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 4 |
| Democrat | 12 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 54 | 0 | 0 | 5 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Althoff | — | Yea |
| Martinez | — | Not Voting |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| McCann | — | Yea |
| McConnaughay | — | Yea |
| Kotowski | — | Yea |
| LaHood | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Manar | — | Yea |
| McCarter | — | Yea |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Harris | — | Yea |
| Radogno | — | Yea |
| Brady | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| McGuire | — | Yea |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Cullerton, T. | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Landek | — | Not Voting |
| Trotter | — | Not Voting |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Noland | — | Yea |
| Oberweis | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Not Voting |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Not Voting |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1817 do?
- Amends the Illinois Vehicle Code. Provides that a person who commits operation of an uninsured motor vehicle shall be assigned a period of court supervision not to exceed 6 months, if the person (i) has not previously been convicted of or received a disposition of court supervision for operating an uninsured motor vehicle, 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. Provides that a person assigned supervision shall, 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. Makes a corresponding change in the Unified Code of Corrections stating that a first time offender given supervision is not required to maintain evidence of financial responsibility for three years. Effective immediately.
- Who sponsors SB 1817?
- SB 1817 is sponsored by Chapin Rose (Republican).
- What is the current status of SB 1817?
- This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1817?
- Track SB 1817 free on One Click Politics — get push/email alerts when it moves.
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