102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3681

 

Introduced 2/22/2021, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/3.01  from Ch. 8, par. 703.01
510 ILCS 70/4.04  from Ch. 8, par. 704.04
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-907  from Ch. 95 1/2, par. 11-907

    Amends the Humane Care for Animals Act. Provides that no person or owner may knowingly or recklessly beat, cruelly treat, torment, starve, overwork, or otherwise abuse any animal. Provides that it shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison, act in a reckless manner as to cause a severe injury or death, or kill any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when placed in confinement off duty. Amends the Illinois Vehicle Code. Provides that a person who commits a traffic violation concerning an emergency vehicle and the violation results in the injury or death of another person or a severe injury or death of a police animal, service animal, accelerant detection dog, or search and rescue dog commits a Class 4 felony. Provides that a person commits aggravated driving under the influence if the person was involved in a motor vehicle accident that resulted in a severe injury or death of a police animal, service animal, accelerant detection dog, or search and rescue dog.


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A BILL FOR

 

HB3681LRB102 12165 KMF 17502 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Humane Care for Animals Act is amended by
5changing Sections 3.01 and 4.04 as follows:
 
6    (510 ILCS 70/3.01)  (from Ch. 8, par. 703.01)
7    Sec. 3.01. Cruel treatment.
8    (a) No person or owner may knowingly or recklessly beat,
9cruelly treat, torment, starve, overwork or otherwise abuse
10any animal.
11    (b) No owner may abandon any animal where it may become a
12public charge or may suffer injury, hunger or exposure.
13    (c) No owner of a dog or cat that is a companion animal may
14expose the dog or cat in a manner that places the dog or cat in
15a life-threatening situation for a prolonged period of time in
16extreme heat or cold conditions that:
17        (1) results in injury to or death of the animal; or
18        (2) results in hypothermia, hyperthermia, frostbite,
19    or similar condition as diagnosed by a doctor of
20    veterinary medicine.
21    (c-5) Nothing in this Section shall prohibit an animal
22from being impounded in an emergency situation under
23subsection (b) of Section 12 of this Act.

 

 

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1    (c-10) Nothing in this Section shall prohibit a law
2enforcement officer from taking temporary custody of a dog or
3cat that is a companion animal that is exposed in a manner that
4places the dog or cat in a life-threatening situation for a
5prolonged period of time in extreme heat or cold conditions
6that may result in injury or death of the dog or cat or may
7result in hypothermia, hyperthermia, frostbite, or similar
8condition. Upon taking temporary custody of the dog or cat
9under this subsection (c-10), the law enforcement officer
10shall attempt to contact the owner of the dog or cat and shall
11seek emergency veterinary care for the animal as soon as
12available. The law enforcement officer shall leave information
13of the location of the dog or cat if the owner cannot be
14reached. The owner of the dog or cat is responsible for any
15costs of providing care to the dog or cat.
16    (d) A person convicted of violating this Section is guilty
17of a Class A misdemeanor. A second or subsequent conviction
18for a violation of this Section is a Class 4 felony. In
19addition to any other penalty provided by law, a person who is
20convicted of violating subsection (a) upon a companion animal
21in the presence of a child, as defined in Section 12-0.1 of the
22Criminal Code of 2012, shall be subject to a fine of $250 and
23ordered to perform community service for not less than 100
24hours. In addition to any other penalty provided by law, upon
25conviction for violating this Section, the court may order the
26convicted person to undergo a psychological or psychiatric

 

 

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1evaluation and to undergo any treatment at the convicted
2person's expense that the court determines to be appropriate
3after due consideration of the evidence. If the convicted
4person is a juvenile or a companion animal hoarder, the court
5must order the convicted person to undergo a psychological or
6psychiatric evaluation and to undergo treatment that the court
7determines to be appropriate after due consideration of the
8evaluation.
9(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16;
1099-642, eff. 7-28-16; 99-782, eff. 8-12-16; 100-740, eff.
111-1-19.)
 
12    (510 ILCS 70/4.04)  (from Ch. 8, par. 704.04)
13    Sec. 4.04. Injuring or killing police animals, service
14animals, accelerant detection dogs, or search and rescue dogs
15prohibited. It shall be unlawful for any person to willfully
16or maliciously torture, mutilate, injure, disable, poison, act
17in a reckless manner as to cause a severe injury or death, or
18kill (i) any animal used by a law enforcement department or
19agency in the performance of the functions or duties of the
20department or agency or when placed in confinement off duty,
21(ii) any service animal, (iii) any search and rescue dog, (iv)
22any law enforcement, service, or search and rescue animal in
23training, or (v) any accelerant detection canine used by a
24fire officer for arson investigations in the performance of
25his or her functions or while off duty. However, a police

 

 

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1officer or veterinarian may perform euthanasia in emergency
2situations when delay would cause the animal undue suffering
3and pain.
4    A person convicted of violating this Section is guilty of
5a Class 4 felony if the animal is not killed or totally
6disabled; if the animal is killed or totally disabled, the
7person is guilty of a Class 3 felony.
8(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07;
996-1171, eff. 7-22-10.)
 
10    Section 10. The Illinois Vehicle Code is amended by
11changing Sections 11-501 and 11-907 as follows:
 
12    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
13    Sec. 11-501. Driving while under the influence of alcohol,
14other drug or drugs, intoxicating compound or compounds or any
15combination thereof.
16    (a) A person shall not drive or be in actual physical
17control of any vehicle within this State while:
18        (1) the alcohol concentration in the person's blood,
19    other bodily substance, or breath is 0.08 or more based on
20    the definition of blood and breath units in Section
21    11-501.2;
22        (2) under the influence of alcohol;
23        (3) under the influence of any intoxicating compound
24    or combination of intoxicating compounds to a degree that

 

 

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1    renders the person incapable of driving safely;
2        (4) under the influence of any other drug or
3    combination of drugs to a degree that renders the person
4    incapable of safely driving;
5        (5) under the combined influence of alcohol, other
6    drug or drugs, or intoxicating compound or compounds to a
7    degree that renders the person incapable of safely
8    driving;
9        (6) there is any amount of a drug, substance, or
10    compound in the person's breath, blood, other bodily
11    substance, or urine resulting from the unlawful use or
12    consumption of a controlled substance listed in the
13    Illinois Controlled Substances Act, an intoxicating
14    compound listed in the Use of Intoxicating Compounds Act,
15    or methamphetamine as listed in the Methamphetamine
16    Control and Community Protection Act; or
17        (7) the person has, within 2 hours of driving or being
18    in actual physical control of a vehicle, a
19    tetrahydrocannabinol concentration in the person's whole
20    blood or other bodily substance as defined in paragraph 6
21    of subsection (a) of Section 11-501.2 of this Code.
22    Subject to all other requirements and provisions under
23    this Section, this paragraph (7) does not apply to the
24    lawful consumption of cannabis by a qualifying patient
25    licensed under the Compassionate Use of Medical Cannabis
26    Program Act who is in possession of a valid registry card

 

 

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1    issued under that Act, unless that person is impaired by
2    the use of cannabis.
3    (b) The fact that any person charged with violating this
4Section is or has been legally entitled to use alcohol,
5cannabis under the Compassionate Use of Medical Cannabis
6Program Act, other drug or drugs, or intoxicating compound or
7compounds, or any combination thereof, shall not constitute a
8defense against any charge of violating this Section.
9    (c) Penalties.
10        (1) Except as otherwise provided in this Section, any
11    person convicted of violating subsection (a) of this
12    Section is guilty of a Class A misdemeanor.
13        (2) A person who violates subsection (a) or a similar
14    provision a second time shall be sentenced to a mandatory
15    minimum term of either 5 days of imprisonment or 240 hours
16    of community service in addition to any other criminal or
17    administrative sanction.
18        (3) A person who violates subsection (a) is subject to
19    6 months of imprisonment, an additional mandatory minimum
20    fine of $1,000, and 25 days of community service in a
21    program benefiting children if the person was transporting
22    a person under the age of 16 at the time of the violation.
23        (4) A person who violates subsection (a) a first time,
24    if the alcohol concentration in his or her blood, breath,
25    other bodily substance, or urine was 0.16 or more based on
26    the definition of blood, breath, other bodily substance,

 

 

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1    or urine units in Section 11-501.2, shall be subject, in
2    addition to any other penalty that may be imposed, to a
3    mandatory minimum of 100 hours of community service and a
4    mandatory minimum fine of $500.
5        (5) A person who violates subsection (a) a second
6    time, if at the time of the second violation the alcohol
7    concentration in his or her blood, breath, other bodily
8    substance, or urine was 0.16 or more based on the
9    definition of blood, breath, other bodily substance, or
10    urine units in Section 11-501.2, shall be subject, in
11    addition to any other penalty that may be imposed, to a
12    mandatory minimum of 2 days of imprisonment and a
13    mandatory minimum fine of $1,250.
14    (d) Aggravated driving under the influence of alcohol,
15other drug or drugs, or intoxicating compound or compounds, or
16any combination thereof.
17        (1) Every person convicted of committing a violation
18    of this Section shall be guilty of aggravated driving
19    under the influence of alcohol, other drug or drugs, or
20    intoxicating compound or compounds, or any combination
21    thereof if:
22            (A) the person committed a violation of subsection
23        (a) or a similar provision for the third or subsequent
24        time;
25            (B) the person committed a violation of subsection
26        (a) while driving a school bus with one or more

 

 

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1        passengers on board;
2            (C) the person in committing a violation of
3        subsection (a) was involved in a motor vehicle
4        accident that resulted in great bodily harm or
5        permanent disability or disfigurement to another, when
6        the violation was a proximate cause of the injuries;
7            (D) the person committed a violation of subsection
8        (a) and has been previously convicted of violating
9        Section 9-3 of the Criminal Code of 1961 or the
10        Criminal Code of 2012 or a similar provision of a law
11        of another state relating to reckless homicide in
12        which the person was determined to have been under the
13        influence of alcohol, other drug or drugs, or
14        intoxicating compound or compounds as an element of
15        the offense or the person has previously been
16        convicted under subparagraph (C) or subparagraph (F)
17        of this paragraph (1);
18            (E) the person, in committing a violation of
19        subsection (a) while driving at any speed in a school
20        speed zone at a time when a speed limit of 20 miles per
21        hour was in effect under subsection (a) of Section
22        11-605 of this Code, was involved in a motor vehicle
23        accident that resulted in bodily harm, other than
24        great bodily harm or permanent disability or
25        disfigurement, to another person, when the violation
26        of subsection (a) was a proximate cause of the bodily

 

 

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1        harm;
2            (F) the person, in committing a violation of
3        subsection (a), was involved in a motor vehicle,
4        snowmobile, all-terrain vehicle, or watercraft
5        accident that resulted in the death of another person,
6        when the violation of subsection (a) was a proximate
7        cause of the death;
8            (G) the person committed a violation of subsection
9        (a) during a period in which the defendant's driving
10        privileges are revoked or suspended, where the
11        revocation or suspension was for a violation of
12        subsection (a) or a similar provision, Section
13        11-501.1, paragraph (b) of Section 11-401, or for
14        reckless homicide as defined in Section 9-3 of the
15        Criminal Code of 1961 or the Criminal Code of 2012;
16            (H) the person committed the violation while he or
17        she did not possess a driver's license or permit or a
18        restricted driving permit or a judicial driving permit
19        or a monitoring device driving permit;
20            (I) the person committed the violation while he or
21        she knew or should have known that the vehicle he or
22        she was driving was not covered by a liability
23        insurance policy;
24            (J) the person in committing a violation of
25        subsection (a) was involved in a motor vehicle
26        accident that resulted in bodily harm, but not great

 

 

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1        bodily harm, to the child under the age of 16 being
2        transported by the person, if the violation was the
3        proximate cause of the injury;
4            (K) the person in committing a second violation of
5        subsection (a) or a similar provision was transporting
6        a person under the age of 16; or
7            (L) the person committed a violation of subsection
8        (a) of this Section while transporting one or more
9        passengers in a vehicle for-hire; or .
10            (M) the person in committing a violation of
11        subsection (a) of this Section was involved in a motor
12        vehicle accident that resulted in a severe injury or
13        death of a police animal, service animal, accelerant
14        detection dog, or search and rescue dog.
15        (2)(A) Except as provided otherwise, a person
16    convicted of aggravated driving under the influence of
17    alcohol, other drug or drugs, or intoxicating compound or
18    compounds, or any combination thereof is guilty of a Class
19    4 felony.
20        (B) A third violation of this Section or a similar
21    provision is a Class 2 felony. If at the time of the third
22    violation the alcohol concentration in his or her blood,
23    breath, other bodily substance, or urine was 0.16 or more
24    based on the definition of blood, breath, other bodily
25    substance, or urine units in Section 11-501.2, a mandatory
26    minimum of 90 days of imprisonment and a mandatory minimum

 

 

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1    fine of $2,500 shall be imposed in addition to any other
2    criminal or administrative sanction. If at the time of the
3    third violation, the defendant was transporting a person
4    under the age of 16, a mandatory fine of $25,000 and 25
5    days of community service in a program benefiting children
6    shall be imposed in addition to any other criminal or
7    administrative sanction.
8        (C) A fourth violation of this Section or a similar
9    provision is a Class 2 felony, for which a sentence of
10    probation or conditional discharge may not be imposed. If
11    at the time of the violation, the alcohol concentration in
12    the defendant's blood, breath, other bodily substance, or
13    urine was 0.16 or more based on the definition of blood,
14    breath, other bodily substance, or urine units in Section
15    11-501.2, a mandatory minimum fine of $5,000 shall be
16    imposed in addition to any other criminal or
17    administrative sanction. If at the time of the fourth
18    violation, the defendant was transporting a person under
19    the age of 16 a mandatory fine of $25,000 and 25 days of
20    community service in a program benefiting children shall
21    be imposed in addition to any other criminal or
22    administrative sanction.
23        (D) A fifth violation of this Section or a similar
24    provision is a Class 1 felony, for which a sentence of
25    probation or conditional discharge may not be imposed. If
26    at the time of the violation, the alcohol concentration in

 

 

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1    the defendant's blood, breath, other bodily substance, or
2    urine was 0.16 or more based on the definition of blood,
3    breath, other bodily substance, or urine units in Section
4    11-501.2, a mandatory minimum fine of $5,000 shall be
5    imposed in addition to any other criminal or
6    administrative sanction. If at the time of the fifth
7    violation, the defendant was transporting a person under
8    the age of 16, a mandatory fine of $25,000, and 25 days of
9    community service in a program benefiting children shall
10    be imposed in addition to any other criminal or
11    administrative sanction.
12        (E) A sixth or subsequent violation of this Section or
13    similar provision is a Class X felony. If at the time of
14    the violation, the alcohol concentration in the
15    defendant's blood, breath, other bodily substance, or
16    urine was 0.16 or more based on the definition of blood,
17    breath, other bodily substance, or urine units in Section
18    11-501.2, a mandatory minimum fine of $5,000 shall be
19    imposed in addition to any other criminal or
20    administrative sanction. If at the time of the violation,
21    the defendant was transporting a person under the age of
22    16, a mandatory fine of $25,000 and 25 days of community
23    service in a program benefiting children shall be imposed
24    in addition to any other criminal or administrative
25    sanction.
26        (F) For a violation of subparagraph (C) of paragraph

 

 

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1    (1) of this subsection (d), the defendant, if sentenced to
2    a term of imprisonment, shall be sentenced to not less
3    than one year nor more than 12 years.
4        (G) A violation of subparagraph (F) of paragraph (1)
5    of this subsection (d) is a Class 2 felony, for which the
6    defendant, unless the court determines that extraordinary
7    circumstances exist and require probation, shall be
8    sentenced to: (i) a term of imprisonment of not less than 3
9    years and not more than 14 years if the violation resulted
10    in the death of one person; or (ii) a term of imprisonment
11    of not less than 6 years and not more than 28 years if the
12    violation resulted in the deaths of 2 or more persons.
13        (H) For a violation of subparagraph (J) of paragraph
14    (1) of this subsection (d), a mandatory fine of $2,500,
15    and 25 days of community service in a program benefiting
16    children shall be imposed in addition to any other
17    criminal or administrative sanction.
18        (I) A violation of subparagraph (K) of paragraph (1)
19    of this subsection (d), is a Class 2 felony and a mandatory
20    fine of $2,500, and 25 days of community service in a
21    program benefiting children shall be imposed in addition
22    to any other criminal or administrative sanction. If the
23    child being transported suffered bodily harm, but not
24    great bodily harm, in a motor vehicle accident, and the
25    violation was the proximate cause of that injury, a
26    mandatory fine of $5,000 and 25 days of community service

 

 

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1    in a program benefiting children shall be imposed in
2    addition to any other criminal or administrative sanction.
3        (J) A violation of subparagraph (D) of paragraph (1)
4    of this subsection (d) is a Class 3 felony, for which a
5    sentence of probation or conditional discharge may not be
6    imposed.
7        (3) Any person sentenced under this subsection (d) who
8    receives a term of probation or conditional discharge must
9    serve a minimum term of either 480 hours of community
10    service or 10 days of imprisonment as a condition of the
11    probation or conditional discharge in addition to any
12    other criminal or administrative sanction.
13    (e) Any reference to a prior violation of subsection (a)
14or a similar provision includes any violation of a provision
15of a local ordinance or a provision of a law of another state
16or an offense committed on a military installation that is
17similar to a violation of subsection (a) of this Section.
18    (f) The imposition of a mandatory term of imprisonment or
19assignment of community service for a violation of this
20Section shall not be suspended or reduced by the court.
21    (g) Any penalty imposed for driving with a license that
22has been revoked for a previous violation of subsection (a) of
23this Section shall be in addition to the penalty imposed for
24any subsequent violation of subsection (a).
25    (h) For any prosecution under this Section, a certified
26copy of the driving abstract of the defendant shall be

 

 

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1admitted as proof of any prior conviction.
2(Source: P.A. 101-363, eff. 8-9-19.)
 
3    (625 ILCS 5/11-907)  (from Ch. 95 1/2, par. 11-907)
4    Sec. 11-907. Operation of vehicles and streetcars on
5approach of authorized emergency vehicles.
6    (a) Upon the immediate approach of an authorized emergency
7vehicle making use of audible and visual signals meeting the
8requirements of this Code or a police vehicle properly and
9lawfully making use of an audible or visual signal:
10        (1) the driver of every other vehicle shall yield the
11    right-of-way and shall immediately drive to a position
12    parallel to, and as close as possible to, the right-hand
13    edge or curb of the highway clear of any intersection and
14    shall, if necessary to permit the safe passage of the
15    emergency vehicle, stop and remain in such position until
16    the authorized emergency vehicle has passed, unless
17    otherwise directed by a police officer; and
18        (2) the operator of every streetcar shall immediately
19    stop such car clear of any intersection and keep it in such
20    position until the authorized emergency vehicle has
21    passed, unless otherwise directed by a police officer.
22    (b) This Section shall not operate to relieve the driver
23of an authorized emergency vehicle from the duty to drive with
24due regard for the safety of all persons using the highway.
25    (c) Upon approaching a stationary authorized emergency

 

 

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1vehicle, when the authorized emergency vehicle is giving a
2signal by displaying alternately flashing red, red and white,
3blue, or red and blue lights or amber or yellow warning lights,
4a person who drives an approaching vehicle shall:
5        (1) proceeding with due caution, yield the
6    right-of-way by making a lane change into a lane not
7    adjacent to that of the authorized emergency vehicle, if
8    possible with due regard to safety and traffic conditions,
9    if on a highway having at least 4 lanes with not less than
10    2 lanes proceeding in the same direction as the
11    approaching vehicle; or
12        (2) if changing lanes would be impossible or unsafe,
13    proceeding with due caution, reduce the speed of the
14    vehicle, maintaining a safe speed for road conditions and
15    leaving a safe distance until safely past the stationary
16    vehicles.
17    As used in this subsection (c), "authorized emergency
18vehicle" includes any vehicle authorized by law to be equipped
19with oscillating, rotating, or flashing lights under Section
2012-215 of this Code, while the owner or operator of the vehicle
21is engaged in his or her official duties.
22    (d) A person who violates subsection (c) of this Section
23commits a business offense punishable by a fine of not less
24than $250 or more than $10,000 for a first violation, and a
25fine of not less than $750 or more than $10,000 for a second or
26subsequent violation. It is a factor in aggravation if the

 

 

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1person committed the offense while in violation of Section
211-501 of this Code. Imposition of the penalties authorized by
3this subsection (d) for a violation of subsection (c) of this
4Section that results in the death of another person does not
5preclude imposition of appropriate additional civil or
6criminal penalties. A person who violates subsection (c) and
7the violation results in damage to another vehicle commits a
8Class A misdemeanor. A person who violates subsection (c) and
9the violation results in the injury or death of another person
10or a severe injury or death of a police animal, service animal,
11accelerant detection dog, or search and rescue dog commits a
12Class 4 felony.
13    (e) If a violation of subsection (c) of this Section
14results in damage to the property of another person, in
15addition to any other penalty imposed, the person's driving
16privileges shall be suspended for a fixed period of not less
17than 90 days and not more than one year.
18    (f) If a violation of subsection (c) of this Section
19results in injury to another person, in addition to any other
20penalty imposed, the person's driving privileges shall be
21suspended for a fixed period of not less than 180 days and not
22more than 2 years.
23    (g) If a violation of subsection (c) of this Section
24results in the death of another person, in addition to any
25other penalty imposed, the person's driving privileges shall
26be suspended for 2 years.

 

 

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1    (h) The Secretary of State shall, upon receiving a record
2of a judgment entered against a person under subsection (c) of
3this Section:
4        (1) suspend the person's driving privileges for the
5    mandatory period; or
6        (2) extend the period of an existing suspension by the
7    appropriate mandatory period.
8    (i) The Scott's Law Fund shall be a special fund in the
9State treasury. Subject to appropriation by the General
10Assembly and approval by the Director, the Director of the
11State Police shall use all moneys in the Scott's Law Fund in
12the Department's discretion to fund the production of
13materials to educate drivers on approaching stationary
14authorized emergency vehicles, to hire off-duty Department of
15State Police for enforcement of this Section, and for other
16law enforcement purposes the Director deems necessary in these
17efforts.
18    (j) For violations of this Section issued by a county or
19municipal police officer, the assessment shall be deposited
20into the county's or municipality's Transportation Safety
21Highway Hire-back Fund. The county shall use the moneys in its
22Transportation Safety Highway Hire-back Fund to hire off-duty
23county police officers to monitor construction or maintenance
24zones in that county on highways other than interstate
25highways. The county, in its discretion, may also use a
26portion of the moneys in its Transportation Safety Highway

 

 

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1Hire-back Fund to purchase equipment for county law
2enforcement and fund the production of materials to educate
3drivers on construction zone safe driving habits and
4approaching stationary authorized emergency vehicles.
5(Source: P.A. 100-201, eff. 8-18-17; 101-173, eff. 1-1-20.)