Rep. Sidney H. Mathias
Filed: 2/28/2006
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1 | AMENDMENT TO HOUSE BILL 3127
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2 | AMENDMENT NO. ______. Amend House Bill 3127 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 | ||||||
5 | changing Section 11-1425 as follows:
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6 | (625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
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7 | Sec. 11-1425. Stop when traffic obstructed.
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8 | (a) No driver shall enter an
intersection or a marked | ||||||
9 | crosswalk or drive onto any railroad grade
crossing unless | ||||||
10 | there is sufficient space on the other side of the
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11 | intersection, crosswalk or railroad grade crossing to | ||||||
12 | accommodate the
vehicle he is operating without obstructing the | ||||||
13 | passage of other
vehicles, pedestrians or railroad trains | ||||||
14 | notwithstanding any
traffic-control signal indication to | ||||||
15 | proceed.
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16 | (b) No driver shall enter a highway rail grade crossing | ||||||
17 | unless there is
sufficient space on
the other side of the | ||||||
18 | highway rail grade crossing to accommodate the vehicle
being
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19 | operated without obstructing the passage of a train or other | ||||||
20 | railroad equipment
using the
rails, notwithstanding any | ||||||
21 | traffic-control signal indication to proceed. Any
person found
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22 | in violation of subsection (b) shall be subject to a mandatory | ||||||
23 | fine of $500 or
50 hours of
community service.
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24 | (c) (Blank).
Local authorities shall impose fines as |
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1 | established in subsection (b)
for persons found
in violation of | ||||||
2 | this Section or any similar local ordinance.
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3 | (d) Beginning with the effective date of this amendatory | ||||||
4 | Act of the 94th General Assembly,
the Secretary of State shall | ||||||
5 | suspend for a period of one month
the driving
privileges of any | ||||||
6 | person convicted of a violation of this
Section or a similar | ||||||
7 | provision of a local ordinance; the Secretary shall
suspend for | ||||||
8 | a period of 3 months the driving privileges of any person | ||||||
9 | convicted
of a second or subsequent violation of this Section | ||||||
10 | or a
similar provision of a local ordinance if the second or | ||||||
11 | subsequent violation
occurs within 5 years of a prior | ||||||
12 | conviction for the same offense. In addition
to the suspensions | ||||||
13 | authorized by this Section, any person convicted of
violating | ||||||
14 | this Section or a similar provision of a local ordinance
shall | ||||||
15 | be subject to a mandatory fine of $500 or 50 hours of community | ||||||
16 | service. Upon a second or subsequent
violation, in addition to | ||||||
17 | the suspensions authorized by this Section, the person shall be | ||||||
18 | subject to a mandatory fine of $500 and 50 hours community | ||||||
19 | service.
The Secretary may also grant, for the duration of any
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20 | suspension issued under this subsection, a restricted driving | ||||||
21 | permit
granting the privilege of driving a motor vehicle | ||||||
22 | between the driver's
residence and place of employment or | ||||||
23 | within other proper limits that the
Secretary of State shall | ||||||
24 | find necessary to avoid any undue hardship. A
restricted | ||||||
25 | driving permit issued hereunder shall be subject to
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26 | cancellation, revocation and suspension by the Secretary of | ||||||
27 | State in like
manner and for like cause as a driver's license | ||||||
28 | may be cancelled, revoked
or suspended; except that a | ||||||
29 | conviction upon one or more offenses against
laws or ordinances | ||||||
30 | regulating the movement of traffic shall be deemed
sufficient | ||||||
31 | cause for the revocation, suspension or cancellation of the
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32 | restricted driving permit. The Secretary of State may, as a | ||||||
33 | condition to
the issuance of a restricted driving permit, | ||||||
34 | require the applicant to
participate in a designated driver |
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1 | remedial or rehabilitative program. Any
conviction for a | ||||||
2 | violation of this subsection shall be included as an
offense | ||||||
3 | for the purposes of determining suspension action under any | ||||||
4 | other
provision of this Code, provided however, that the | ||||||
5 | penalties provided under
this subsection shall be imposed | ||||||
6 | unless those penalties imposed under other
applicable | ||||||
7 | provisions are greater.
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8 | The owner of any vehicle alleged to have violated this
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9 | Section shall, upon appropriate demand by the State's Attorney | ||||||
10 | or other
authorized prosecutor acting in response to a signed | ||||||
11 | complaint, provide
a written statement or deposition | ||||||
12 | identifying the operator of the vehicle
if such operator was | ||||||
13 | not the owner at the time of the alleged violation.
Failure to | ||||||
14 | supply such information shall be construed to be the same as
a | ||||||
15 | violation of this Section and shall be subject to the same | ||||||
16 | penalties
herein provided. In the event the owner has assigned | ||||||
17 | control for the use
of the vehicle to another, the person to | ||||||
18 | whom control was assigned shall
comply with the provisions of | ||||||
19 | this paragraph and be subject to the same
penalties as herein | ||||||
20 | provided.
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21 | (Source: P.A. 91-532, eff. 1-1-00.)".
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