Rep. Emily McAsey

Filed: 3/21/2013

 

 


 

 


 
09800HB3054ham003LRB098 09862 MLW 43734 a

1
AMENDMENT TO HOUSE BILL 3054

2    AMENDMENT NO. ______. Amend House Bill 3054 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by adding
5Section 12-215.1 as follows:
 
6    (625 ILCS 5/12-215.1 new)
7    Sec. 12-215.1. Possession of oscillating, rotating, or
8flashing lights in motor vehicles; police equipment, markings,
9and other indicia of emergency vehicle authority.
10    (a) No person, except those given exceptions in 12-215 or
1112-609, may possess or be in actual physical control of red or
12blue oscillating, rotating, or flashing lights or other indicia
13of emergency vehicle authority within any portion of a motor
14vehicle, including but not limited to wig-wags, red and blue
15LEDs, sirens, in-car video systems, mounted or affixed devices
16or other equipment, markings or indicia of emergency vehicle

 

 

09800HB3054ham003- 2 -LRB098 09862 MLW 43734 a

1authority.
2    (b) Any person found guilty of violating this Section is
3guilty of a Class A misdemeanor.
4    (c) Oscillating, rotating, or flashing lights and any other
5equipment, markings, or indicia of emergency vehicle authority
6shall be seized by the law enforcement officer at the time of
7any violation of this Section or of Section 12-215 or 12-609 of
8this Code upon any legal search. The officer is entitled to
9seize the vehicle containing the prohibited device or
10mechanism, and this device or mechanism shall be removed and
11held for evidentiary purposes. When the device or mechanism is
12no longer needed for evidence, the defendant may petition the
13court for the return of the device or mechanism. The defendant,
14however, must prove to the court by a preponderance of the
15evidence that the device or mechanism will be used for a
16legitimate and lawful purpose.".