Rep. C.D. Davidsmeyer

Filed: 3/12/2013

 

 


 

 


 
09800HB2573ham001LRB098 08911 MLW 42852 a

1
AMENDMENT TO HOUSE BILL 2573

2    AMENDMENT NO. ______. Amend House Bill 2573 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-187.001, 11-601, 11-601.5, 11-602, and
611-603 as follows:
 
7    (625 ILCS 5/1-187.001)
8    Sec. 1-187.001. Serious traffic violation.
9    (a) A conviction when operating a motor vehicle for:
10        (1) a violation of subsection (a) of Section 11-402,
11    relating to a motor vehicle accident involving damage to a
12    vehicle;
13        (2) a violation of Section 11-403, relating to failure
14    to stop and exchange information after a motor vehicle
15    collision, property damage only;
16        (3) a violation of subsection (a) of Section 11-502,

 

 

09800HB2573ham001- 2 -LRB098 08911 MLW 42852 a

1    relating to illegal transportation, possession, or
2    carrying of alcoholic liquor within the passenger area of
3    any vehicle;
4        (4) a violation of Section 6-101 relating to operating
5    a motor vehicle without a valid license or permit;
6        (5) a violation of Section 11-403, relating to failure
7    to stop and exchange information or give aid after a motor
8    vehicle collision involving personal injury or death;
9        (6) a violation relating to excessive speeding,
10    involving a single speeding charge of 26 30 miles per hour
11    or more above the legal speed limit;
12        (7) a violation relating to reckless driving;
13        (8) a violation of subsection (d) of Section 11-707,
14    relating to passing in a no-passing zone;
15        (9) a violation of subsection (b) of Section 11-1402,
16    relating to limitations on backing upon a controlled access
17    highway;
18        (10) a violation of subsection (b) of Section 11-707,
19    relating to driving on the left side of a roadway in a
20    no-passing zone;
21        (11) a violation of subsection (e) of Section 11-1002,
22    relating to failure to yield the right-of-way to a
23    pedestrian at an intersection;
24        (12) a violation of Section 11-1008, relating to
25    failure to yield to a pedestrian on a sidewalk; or
26        (13) a violation of Section 11-1201, relating to

 

 

09800HB2573ham001- 3 -LRB098 08911 MLW 42852 a

1    failure to stop for an approaching railroad train or
2    railroad track equipment or signals; or
3    (b) Any other similar violation of a law or local ordinance
4of any state relating to motor vehicle traffic control, other
5than a parking violation.
6    (c) A violation of any of these defined serious traffic
7offenses shall not preclude the defendant from being eligible
8to receive an order of court supervision under Section 5-6-1 of
9the Unified Code of Corrections.
10(Source: P.A. 96-1244, eff. 1-1-11.)
 
11    (625 ILCS 5/11-601)  (from Ch. 95 1/2, par. 11-601)
12    Sec. 11-601. General speed restrictions.
13    (a) No vehicle may be driven upon any highway of this State
14at a speed which is greater than is reasonable and proper with
15regard to traffic conditions and the use of the highway, or
16endangers the safety of any person or property. The fact that
17the speed of a vehicle does not exceed the applicable maximum
18speed limit does not relieve the driver from the duty to
19decrease speed when approaching and crossing an intersection,
20approaching and going around a curve, when approaching a hill
21crest, when traveling upon any narrow or winding roadway, or
22when special hazard exists with respect to pedestrians or other
23traffic or by reason of weather or highway conditions. Speed
24must be decreased as may be necessary to avoid colliding with
25any person or vehicle on or entering the highway in compliance

 

 

09800HB2573ham001- 4 -LRB098 08911 MLW 42852 a

1with legal requirements and the duty of all persons to use due
2care.
3    (b) No person may drive a vehicle upon any highway of this
4State at a speed which is greater than the applicable statutory
5maximum speed limit established by paragraphs (c), (d), (e),
6(f) or (g) of this Section, by Section 11-605 or by a
7regulation or ordinance made under this Chapter.
8    (c) Unless some other speed restriction is established
9under this Chapter, the maximum speed limit in an urban
10district for all vehicles is:
11        1. 30 miles per hour; and
12        2. 15 miles per hour in an alley.
13    (d) Unless some other speed restriction is established
14under this Chapter, the maximum speed limit outside an urban
15district for any vehicle is (1) 65 miles per hour (i) for all
16highways under the jurisdiction of the Illinois State Toll
17Highway Authority, unless some other speed limit is designated,
18and (ii) for all or part of highways that are designated by the
19Department, have at least 4 lanes of traffic, and have a
20separation between the roadways moving in opposite directions
21and (2) 55 miles per hour for all other highways, roads, and
22streets.
23    (d-1) Outside the counties of Cook, DuPage, Kane, Lake,
24McHenry, and Will, unless some other speed restriction is
25established under this Chapter, the maximum speed limit outside
26an urban district for any vehicle is (1) 70 miles per hour on

 

 

09800HB2573ham001- 5 -LRB098 08911 MLW 42852 a

1any interstate highway as defined by Section 1-133.1 of this
2Code; (2) 65 miles per hour for all or part of highways that
3are designated by the Department, have at least 4 lanes of
4traffic, and have a separation between the roadways moving in
5opposite directions; and (3) 55 miles per hour for all other
6highways, roads, and streets.
7    (e) In the counties of Cook, DuPage, Kane, Lake, McHenry,
8and Will, unless some lesser speed restriction is established
9under this Chapter, the maximum speed limit outside an urban
10district for a second division vehicle designed or used for the
11carrying of a gross weight of 8,001 pounds or more (including
12the weight of the vehicle and maximum load) is 55 miles per
13hour.
14    (e-1) (Blank).
15    (f) Unless some other speed restriction is established
16under this Chapter, the maximum speed limit outside an urban
17district for a bus is:
18        1. 65 miles per hour upon any highway which has at
19    least 4 lanes of traffic and of which the roadways for
20    traffic moving in opposite directions are separated by a
21    strip of ground which is not surfaced or suitable for
22    vehicular traffic, except that the maximum speed limit for
23    a bus on all highways, roads, or streets not under the
24    jurisdiction of the Department or the Illinois State Toll
25    Highway Authority is 55 miles per hour; and
26        1.5. 70 miles per hour, upon any interstate highway as

 

 

09800HB2573ham001- 6 -LRB098 08911 MLW 42852 a

1    defined by Section 1-133.1 of this Code outside the
2    counties of Cook, DuPage, Kane, Lake, McHenry, and Will;
3    and
4        2. 55 miles per hour on any other highway.
5    (g) (Blank).
6(Source: P.A. 96-524, eff. 1-1-10; 97-202, eff. 1-1-12.)
 
7    (625 ILCS 5/11-601.5)
8    Sec. 11-601.5. Driving 31 miles per hour or more in excess
9of applicable limit.
10    (a) A person who drives a vehicle upon any highway of this
11State at a speed that is 26 31 miles per hour or more but less
12than 40 miles per hour in excess of the applicable maximum
13speed limit established under this Chapter or a local ordinance
14commits a Class B misdemeanor.
15    (b) A person who drives a vehicle upon any highway of this
16State at a speed that is 35 40 miles per hour or more in excess
17of the applicable maximum speed limit established under this
18Chapter or a local ordinance commits a Class A misdemeanor.
19(Source: P.A. 96-1002, eff. 1-1-11; 96-1507, eff. 1-27-11.)
 
20    (625 ILCS 5/11-602)  (from Ch. 95 1/2, par. 11-602)
21    Sec. 11-602. Alteration of limits by Department. Whenever
22the Department determines, upon the basis of an engineering and
23traffic investigation concerning any highway for which the
24Department has maintenance responsibility, that a maximum

 

 

09800HB2573ham001- 7 -LRB098 08911 MLW 42852 a

1speed limit prescribed in Section 11-601 of this Chapter is
2greater or less than is reasonable or safe with respect to the
3conditions found to exist at any intersection or other place on
4such highway or along any part or zone thereof, the Department
5shall determine and declare a reasonable and safe absolute
6maximum speed limit applicable to such intersection or place,
7or along such part or zone. However, such limit shall conform
8with the maximum speed limit restrictions provided for in
9Section 11-601 of this Code not exceed 65 miles per hour on a
10highway or street which is especially designed for through
11traffic and to, from, or over which owners of or persons having
12an interest in abutting property or other persons have no right
13or easement, or only a limited right or easement, of access,
14crossing, light, air, or view, and shall not exceed 55 miles
15per hour on any other highway. Where a highway under the
16Department's jurisdiction is contiguous to school property,
17the Department may, at the school district's request, set a
18reduced maximum speed limit for student safety purposes in the
19portion of the highway that faces the school property and in
20the portions of the highway that extend one-quarter mile in
21each direction from the opposite ends of the school property. A
22limit determined and declared as provided in this Section
23becomes effective, and suspends the applicability of the limit
24prescribed in Section 11-601 of this Chapter, when appropriate
25signs giving notice of the limit are erected at such
26intersection or other place, or along such part or zone of the

 

 

09800HB2573ham001- 8 -LRB098 08911 MLW 42852 a

1highway. Electronic speed-detecting devices shall not be used
2within 500 feet beyond any such sign in the direction of
3travel; if so used in violation hereof, evidence obtained
4thereby shall be inadmissible in any prosecution for speeding.
5However, nothing in this Section prohibits the use of such
6electronic speed-detecting devices within 500 feet of a sign
7within a special school speed zone indicating such zone,
8conforming to the requirements of Section 11-605 of this Act,
9nor shall evidence obtained thereby be inadmissible in any
10prosecution for speeding provided the use of such device shall
11apply only to the enforcement of the speed limit in such
12special school speed zone.
13(Source: P.A. 96-524, eff. 1-1-10.)
 
14    (625 ILCS 5/11-603)  (from Ch. 95 1/2, par. 11-603)
15    Sec. 11-603. Alteration of limits by Toll Highway
16Authority. Whenever the Illinois State Toll Highway Authority
17determines, upon the basis of an engineering and traffic
18investigation concerning a toll highway under its
19jurisdiction, that a maximum speed limit prescribed in Section
2011-601 of this Chapter is greater or less than is reasonable or
21safe with respect to conditions found to exist at any place or
22along any part or zone of such highway, the Authority shall
23determine and declare by regulation a reasonable and safe
24absolute maximum speed limit at such place or along such part
25or zone, and the speed limit shall conform with the maximum

 

 

09800HB2573ham001- 9 -LRB098 08911 MLW 42852 a

1speed limit restrictions provided for in Section 11-601 of this
2Code not exceeding 65 miles per hour. A limit so determined and
3declared becomes effective, and suspends the application of the
4limit prescribed in Section 11-601 of this Chapter, when (a)
5the Department concurs in writing with the Authority's
6regulation, and (b) appropriate signs giving notice of the
7limit are erected at such place or along such part or zone of
8the highway. Electronic speed-detecting devices shall not be
9used within 500 feet beyond any such sign in the direction of
10travel; if so used in violation hereof, evidence obtained
11thereby shall be inadmissible in any prosecution for speeding.
12(Source: P.A. 89-444, eff. 1-25-96.)".