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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Roadside Memorial Act is amended by changing | ||||||
5 | Sections 5, 10, and 15 and by adding Section 23 as follows: | ||||||
6 | (605 ILCS 125/5) | ||||||
7 | Sec. 5. Purpose of the Roadside Memorial program. The | ||||||
8 | Roadside Memorial program is intended to raise public awareness | ||||||
9 | of impaired driving and reckless driving by emphasizing the | ||||||
10 | dangers while affording families an opportunity to remember the | ||||||
11 | victims of crashes involving impaired or reckless drivers. | ||||||
12 | (Source: P.A. 95-398, eff. 1-1-08.) | ||||||
13 | (605 ILCS 125/10) | ||||||
14 | Sec. 10. Definitions. As used in this Act: | ||||||
15 | "Department" means the Department of Transportation. | ||||||
16 | "DUI memorial marker" means a marker on a highway in this | ||||||
17 | State commemorating one or more persons who died as a proximate | ||||||
18 | result of a crash caused by a driver under the influence of | ||||||
19 | alcohol, other drug or drugs, intoxicating compound or | ||||||
20 | compounds, or any combination thereof. | ||||||
21 | "Fatal accident memorial marker" means a marker on a | ||||||
22 | highway in this State commemorating one or more persons who |
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1 | died as a proximate result of a crash caused by a driver who | ||||||
2 | committed an act of reckless homicide in violation of Section | ||||||
3 | 9-3 or 9-3.2 of the Criminal Code of 1961 or who otherwise | ||||||
4 | caused the death of one or more persons through the operation | ||||||
5 | of a motor vehicle. | ||||||
6 | "Qualified relative" means: an immediate relative of the | ||||||
7 | deceased, by marriage, blood, or adoption, such as his or her | ||||||
8 | spouse, son, daughter, mother, father, sister, or brother; a | ||||||
9 | stepmother, stepfather, stepbrother, or stepsister of the | ||||||
10 | deceased; or a person with whom the deceased was in a domestic | ||||||
11 | partnership or civil union as recognized by a State or local | ||||||
12 | law or ordinance. | ||||||
13 | "Supporting jurisdiction" means the Department or any | ||||||
14 | municipality, township, or county that establishes a Roadside | ||||||
15 | Memorial program within its jurisdictional area. | ||||||
16 | (Source: P.A. 95-398, eff. 1-1-08.) | ||||||
17 | (605 ILCS 125/15) | ||||||
18 | Sec. 15. Participation in the Roadside Memorial program. | ||||||
19 | (a) A qualified relative of a victim may make a request for | ||||||
20 | the installation of a memorial marker in a supporting | ||||||
21 | jurisdiction using an application developed by the supporting | ||||||
22 | jurisdiction. The supporting jurisdiction shall have sole | ||||||
23 | responsibility for determining whether a request for a DUI | ||||||
24 | memorial marker or a fatal accident memorial marker is rejected | ||||||
25 | or accepted. |
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1 | (b) An application for a DUI memorial marker or a fatal | ||||||
2 | accident memorial marker may be submitted by a qualified | ||||||
3 | relative with regard to any crash that occurred on or after | ||||||
4 | January 1, 1990. | ||||||
5 | (c) If there is any opposition to the placement of a DUI | ||||||
6 | memorial marker or a fatal accident memorial marker by any | ||||||
7 | qualified relative of any decedent involved in the crash, the | ||||||
8 | supporting jurisdiction shall deny the request. | ||||||
9 | (d) The supporting jurisdiction shall deny the request or, | ||||||
10 | if a DUI memorial marker or a fatal accident memorial marker | ||||||
11 | has already been installed, may remove the marker, if the | ||||||
12 | qualified relative has provided false or misleading | ||||||
13 | information in the application. | ||||||
14 | (e) The qualified relative shall agree not to place or | ||||||
15 | encourage the placement of flowers, pictures, or other items at | ||||||
16 | the crash site. | ||||||
17 | (f) A DUI memorial marker or a fatal accident memorial | ||||||
18 | marker shall not be erected for a deceased driver involved in a | ||||||
19 | fatal crash who is shown by toxicology reports to have been in | ||||||
20 | violation of State DUI law, unless the next of kin of any other | ||||||
21 | victim or victims killed in the crash consent in writing to the | ||||||
22 | erection of the memorial marker. | ||||||
23 | (Source: P.A. 95-398, eff. 1-1-08; 95-873, eff. 8-21-08.) | ||||||
24 | (605 ILCS 125/23 new) | ||||||
25 | Sec. 23. Fatal accident memorial markers. |
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1 | (a) A fatal accident memorial marker shall consist of a | ||||||
2 | white on red panel bearing the message "Reckless Driving Costs | ||||||
3 | Lives". At the request of the qualified relative, a separate | ||||||
4 | panel bearing the words "In Memory of (victim's name)", | ||||||
5 | followed by the date of the crash that was the proximate cause | ||||||
6 | of the loss of the victim's life, shall be mounted below the | ||||||
7 | primary panel. | ||||||
8 | (b) A fatal accident memorial marker may memorialize more | ||||||
9 | than one victim who died as a result of the same crash. If one | ||||||
10 | or more additional deaths subsequently occur in close proximity | ||||||
11 | to an existing fatal accident memorial marker, the supporting | ||||||
12 | jurisdiction may use the same marker to memorialize the | ||||||
13 | subsequent death or deaths, by adding the names of the | ||||||
14 | additional persons. | ||||||
15 | (c) A fatal accident memorial marker shall be maintained | ||||||
16 | for at least 2 years from the date the last person was | ||||||
17 | memorialized on the marker. | ||||||
18 | (d) The supporting jurisdiction has the right to install a | ||||||
19 | marker at a location other than the location of the crash or to | ||||||
20 | relocate a marker due to restricted room, property owner | ||||||
21 | complaints, interference with essential traffic control | ||||||
22 | devices, safety concerns, or other restrictions. In such cases, | ||||||
23 | the sponsoring jurisdiction may select an alternate location. | ||||||
24 | (e) The Department shall secure the consent of any | ||||||
25 | municipality before placing a fatal accident memorial marker | ||||||
26 | within the corporate limits of the municipality. |
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1 | (f) A fee in an amount to be determined by the supporting | ||||||
2 | jurisdiction shall be charged to the qualified relative. The | ||||||
3 | fee shall not exceed the costs associated with the fabrication, | ||||||
4 | installation, and maintenance of the fatal accident memorial | ||||||
5 | marker.
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