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| 1 | AMENDMENT TO HOUSE BILL 3054
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| 2 | AMENDMENT NO. ______. Amend House Bill 3054 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Vehicle Code is amended by adding | ||||||
| 5 | Section 12-215.1 as follows: | ||||||
| 6 | (625 ILCS 5/12-215.1 new) | ||||||
| 7 | Sec. 12-215.1. Possession of oscillating, rotating, or | ||||||
| 8 | flashing lights in motor vehicles; police equipment, markings, | ||||||
| 9 | and other indicia of emergency vehicle authority. | ||||||
| 10 | (a) No person, except those given exceptions in 12-215 or | ||||||
| 11 | 12-609, may possess or be in actual physical control of | ||||||
| 12 | oscillating, rotating, or flashing lights or other indicia of | ||||||
| 13 | emergency vehicle authority within any portion of a motor | ||||||
| 14 | vehicle, including but not limited to wig-wags, red and blue | ||||||
| 15 | LEDs, sirens, in-car video systems, mounted or affixed devices | ||||||
| 16 | or other equipment, markings or indicia of emergency vehicle | ||||||
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| 1 | authority. | ||||||
| 2 | (b) Any person found guilty of violating this Section is | ||||||
| 3 | guilty of a petty offense. A minimum fine of $95 shall be | ||||||
| 4 | imposed for a first offense and a minimum fine of $250 for a | ||||||
| 5 | second or subsequent offense. Any seller or transferor of a | ||||||
| 6 | motor vehicle with such prohibited devices or equipment, under | ||||||
| 7 | Section 12-609, is subject to a fine no less than $500 and no | ||||||
| 8 | greater than $1000. | ||||||
| 9 | (c) Oscillating, rotating, or flashing lights and any other | ||||||
| 10 | equipment, markings, or indicia of emergency vehicle authority | ||||||
| 11 | shall be seized by the law enforcement officer at the time of | ||||||
| 12 | any violation of this Section or of Section 12-215 or 12-609 of | ||||||
| 13 | this Code upon any legal search. The officer is entitled to | ||||||
| 14 | seize the vehicle containing the prohibited device or | ||||||
| 15 | mechanism, and this device or mechanism shall be removed and | ||||||
| 16 | held for evidentiary purposes. When the device or mechanism is | ||||||
| 17 | no longer needed for evidence, the defendant may petition the | ||||||
| 18 | court for the return of the device or mechanism. The defendant, | ||||||
| 19 | however, must prove to the court by a preponderance of the | ||||||
| 20 | evidence that the device or mechanism will be used for a | ||||||
| 21 | legitimate and lawful purpose.".
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