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90_HB2466
625 ILCS 5/11-203 from Ch. 95 1/2, par. 11-203
Amends the Illinois Vehicle Code. Requires the Secretary
of State to suspend the driving privileges of a person
convicted for wilfully failing or refusing to comply with any
lawful order or direction of any school crossing guard
invested by law with authority to direct, control or regulate
traffic. Provides that the person shall also be subject to a
mandatory fine. Allows the Secretary to grant the person a
restricted driving permit. Provides that the owner of a
vehicle alleged to have disobeyed a crossing guard shall,
upon demand by a prosecutor, provide a written statement or
deposition identifying the operator of the vehicle if the
operator was not the owner. Effective immediately.
LRB9008112NTsbA
LRB9008112NTsbA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-203.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-203 as follows:
7 (625 ILCS 5/11-203) (from Ch. 95 1/2, par. 11-203)
8 Sec. 11-203. Obedience to police officers.
9 (a) No person shall wilfully fail or refuse to comply
10 with any lawful order or direction of any police officer,
11 fireman or uniformed adult school crossing guard invested by
12 law with authority to direct, control, or regulate traffic.
13 (b) Upon conviction of a violation of subsection (a) of
14 this Section, the court shall make a finding as to whether
15 the violation was for disobeying a school crossing guard, and
16 in such case a statement of this finding shall be reported to
17 the Secretary with the report of conviction as required by
18 Section 6-204 of this Code. Upon receipt of the report of
19 conviction and statement of finding that the person disobeyed
20 a school crossing guard, the Secretary shall suspend for a
21 period of 3 months the driving privileges of the person.
22 However, the Secretary shall suspend for a period of one year
23 the driving privileges of any person convicted of a second or
24 subsequent violation of subsection (a) of this Section or a
25 similar provision of a local ordinance when the violation is
26 for disobeying a school crossing guard if the second or
27 subsequent violation occurs within 5 years of a prior
28 conviction for the same offense. In addition to the
29 suspensions authorized by this Section, any person convicted
30 of violating subsection (a) of this Section or a similar
31 provision of a local ordinance when the violation is for
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1 disobeying a school crossing guard shall be subject to a
2 mandatory fine of $150 or, upon a second or subsequent
3 violation, $500. The Secretary may also grant, for the
4 duration of any suspension issued under this subsection (b),
5 a restricted driving permit granting the privilege of driving
6 a motor vehicle between the driver's residence and place of
7 employment or within other proper limits that the Secretary
8 shall find necessary to avoid any undue hardship. A
9 restricted driving permit issued under this subsection (b)
10 shall be subject to cancellation, revocation, and suspension
11 by the Secretary in like manner and for like cause as a
12 driver's license may be cancelled, revoked, or suspended;
13 except that a conviction upon one or more offenses against
14 laws or ordinances regulating the movement of traffic shall
15 be deemed sufficient cause for the revocation, suspension, or
16 cancellation of the restricted driving permit. The Secretary
17 may, as a condition to the issuance of a restricted driving
18 permit, require the applicant to participate in a designated
19 driver remedial or rehabilitative program. Any conviction for
20 a violation of subsection (a) of this Section when the
21 violation is for disobeying a school crossing guard shall be
22 included as an offense for the purposes of determining
23 suspension action under any other provision of this Code,
24 provided however, that the penalties provided under this
25 subsection (b) shall be imposed unless those penalties
26 imposed under other applicable provisions are greater.
27 (c) The owner of any vehicle alleged to have violated
28 subsection (a) of this Section when the violation is for
29 disobeying a school crossing guard shall, upon appropriate
30 demand by the State's Attorney or other authorized prosecutor
31 acting in response to a signed complaint, provide a written
32 statement or deposition identifying the operator of the
33 vehicle if the operator was not the owner at the time of the
34 alleged violation. Failure to supply this information shall
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1 be construed to be the same as a violation of subsection (a)
2 of this Section and shall be subject to the same penalties as
3 provided in subsection (b) of this Section. In the event the
4 owner has assigned control for the use of the vehicle to
5 another, the person to whom control was assigned shall comply
6 with the provisions of this subsection (c) and be subject to
7 the same penalties as provided in subsection (b) of this
8 Section.
9 (Source: P.A. 84-873.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.