Public Act 096-1371
 
SB3803 EnrolledLRB096 20879 AJT 36661 b



    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
    Section 5. The Roadside Memorial Act is amended  by adding 
Section 23 as follows:
 
    (605 ILCS 125/23 new)
    Sec. 23. Fatal accident memorial marker program.
    (a) The fatal accident memorial marker program is intended 
to raise public awareness of reckless driving by emphasizing 
the dangers while affording families an opportunity to remember 
the victims of crashes involving reckless drivers.
    (b) As used in this Section, "fatal accident memorial 
marker" means a marker on a highway in this State commemorating 
one or more persons who died as a proximate result of a crash 
caused by a driver who committed an act of reckless homicide in 
violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 
or who otherwise caused the death of one or more persons 
through the operation of a motor vehicle. 
    (c) For purposes of the fatal accident memorial marker 
program in this Section, the provisions of Section 15 of this 
Act applicable to DUI memorial markers shall apply the same to 
fatal accident memorial markers. 
    (d) A fatal accident memorial marker shall consist of a 
white on blue panel bearing the message "Reckless Driving Costs 
Lives". At the request of the qualified relative, a separate 
panel bearing the words "In Memory of (victim's name)", 
followed by the date of the crash that was the proximate cause 
of the loss of the victim's life, shall be mounted below the 
primary panel.
    (e) A fatal accident memorial marker may memorialize more 
than one victim who died as a result of the same crash. If one 
or more additional deaths subsequently occur in close proximity 
to an existing fatal accident memorial marker, the supporting 
jurisdiction may use the same marker to memorialize the 
subsequent death or deaths, by adding the names of the 
additional persons. 
    (f) A fatal accident memorial marker shall be maintained 
for at least 2 years from the date the last person was 
memorialized on the marker. 
    (g) The supporting jurisdiction has the right to install a 
marker at a location other than the location of the crash or to 
relocate a marker due to restricted room, property owner 
complaints, interference with essential traffic control 
devices, safety concerns, or other restrictions. In such cases, 
the sponsoring jurisdiction may select an alternate location. 
    (h) The Department shall secure the consent of any 
municipality before placing a fatal accident memorial marker 
within the corporate limits of the municipality. 
    (i) A fee in an amount to be determined by the supporting 
jurisdiction shall be charged to the qualified relative. The 
fee shall not exceed the costs associated with the fabrication, 
installation, and maintenance of the fatal accident memorial 
marker.
    (j) The Department shall report to the General Assembly no 
later than October 1, 2011 on the evaluation of the program and 
the number of fatal accident memorial marker requests.
    (k) This Section is repealed on December 31, 2011.