SB1221 Engrossed

LRB094 10047 DRH 40305 b






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    AN ACT concerning transportation.

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


 
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    Section 5. The Illinois Vehicle Code is amended    by adding 
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Section 12-613 as follows:
 
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    (625 ILCS 5/12-613  new)
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    Sec. 12-613. Possession and use of radar or laser jamming 
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devices prohibited.
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    (a) Except as provided in subsection (b), a person may not 
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operate or be in actual physical control of a motor vehicle 
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while
the motor vehicle is equipped with any instrument 
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designed to interfere
with microwaves or lasers at frequencies 
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used by police radar for the purpose
of
monitoring vehicular 
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speed.
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    (b) A person operating a
 motor vehicle  who
possesses within 
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the vehicle a radar or laser jamming device that is
contained

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in a
locked opaque box or similar container, or that is not in 
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the passenger
compartment of the vehicle, and that is not in 
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operation, is not in
violation of this Section.

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    (c) Any person found guilty of violating this Section is 
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guilty of a
petty offense.  A minimum fine of $50 shall be 
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imposed for a first offense
and a minimum fine of $100 for a 
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second or subsequent offense.

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    (d) The radar or laser jamming device or mechanism shall be 
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seized by
the
law
enforcement officer at the time of the 
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violation.  This Section does not authorize the permanent 
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forfeiture to the State of any
radar or laser jamming device or 
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mechanism. The device or mechanism
shall
be
taken and held for 
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the period when needed as evidence.  When no longer
needed for 
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evidence, the defendant may petition the court for the return 
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of
the device or mechanism. The defendant, however, must  prove 
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to the court by
a preponderance of the evidence that the device 
 


 






SB1221 Engrossed
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LRB094 10047 DRH 40305 b




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or mechanism will be used
only for a legitimate and lawful 
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purpose.

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    (d) A law enforcement officer may not stop or search any 
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motor vehicle or the driver of any motor vehicle solely on the 
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basis of a
violation or suspected violation of this Section.


 

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    (625 ILCS 5/12-715 rep.)


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    Section 10. The Illinois Vehicle Code  is amended  by 
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repealing Section 12-715.