Sen. Jim Oberweis

Filed: 4/12/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2356

2    AMENDMENT NO. ______. Amend Senate Bill 2356 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,

 

 

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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

 

 

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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

 

 

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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) Unless some other speed restriction is established
24under this Chapter, the maximum speed limit outside an urban
25district for any vehicle is (1) 70 miles per hour on any
26interstate highway as defined by Section 1-133.1 of this Code;

 

 

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

 

 

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1    Highway Authority is 55 miles per hour; and
2        1.5. 70 miles per hour, upon any interstate highway as
3    defined by Section 1-133.1 of this Code outside the
4    counties of Cook, DuPage, Kane, Lake, McHenry, and Will;
5    and
6        2. 55 miles per hour on any other highway.
7    (g) (Blank).
8(Source: P.A. 96-524, eff. 1-1-10; 97-202, eff. 1-1-12.)
 
9    (625 ILCS 5/11-601.5)
10    Sec. 11-601.5. Driving 26 31 miles per hour or more in
11excess of applicable limit.
12    (a) A person who drives a vehicle upon any highway of this
13State at a speed that is 26 31 miles per hour or more but less
14than 35 40 miles per hour in excess of the applicable maximum
15speed limit established under this Chapter or a local ordinance
16commits a Class B misdemeanor.
17    (b) A person who drives a vehicle upon any highway of this
18State at a speed that is 35 40 miles per hour or more in excess
19of the applicable maximum speed limit established under this
20Chapter or a local ordinance commits a Class A misdemeanor.
21(Source: P.A. 96-1002, eff. 1-1-11; 96-1507, eff. 1-27-11.)
 
22    (625 ILCS 5/11-602)  (from Ch. 95 1/2, par. 11-602)
23    Sec. 11-602. Alteration of limits by Department. Whenever
24the Department determines, upon the basis of an engineering and

 

 

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

 

 

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1signs giving notice of the limit are erected at such
2intersection or other place, or along such part or zone of the
3highway. Electronic speed-detecting devices shall not be used
4within 500 feet beyond any such sign in the direction of
5travel; if so used in violation hereof, evidence obtained
6thereby shall be inadmissible in any prosecution for speeding.
7However, nothing in this Section prohibits the use of such
8electronic speed-detecting devices within 500 feet of a sign
9within a special school speed zone indicating such zone,
10conforming to the requirements of Section 11-605 of this Act,
11nor shall evidence obtained thereby be inadmissible in any
12prosecution for speeding provided the use of such device shall
13apply only to the enforcement of the speed limit in such
14special school speed zone.
15(Source: P.A. 96-524, eff. 1-1-10.)
 
16    (625 ILCS 5/11-603)  (from Ch. 95 1/2, par. 11-603)
17    Sec. 11-603. Alteration of limits by Toll Highway
18Authority. Whenever the Illinois State Toll Highway Authority
19determines, upon the basis of an engineering and traffic
20investigation concerning a toll highway under its
21jurisdiction, that a maximum speed limit prescribed in Section
2211-601 of this Chapter is greater or less than is reasonable or
23safe with respect to conditions found to exist at any place or
24along any part or zone of such highway, the Authority shall
25determine and declare by regulation a reasonable and safe

 

 

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1absolute maximum speed limit at such place or along such part
2or zone, and the speed limit shall conform with the maximum
3speed limit restrictions provided for in Section 11-601 of this
4Code not exceeding 65 miles per hour. A limit so determined and
5declared becomes effective, and suspends the application of the
6limit prescribed in Section 11-601 of this Chapter, when (a)
7the Department concurs in writing with the Authority's
8regulation, and (b) appropriate signs giving notice of the
9limit are erected at such place or along such part or zone of
10the highway. Electronic speed-detecting devices shall not be
11used within 500 feet beyond any such sign in the direction of
12travel; if so used in violation hereof, evidence obtained
13thereby shall be inadmissible in any prosecution for speeding.
14(Source: P.A. 89-444, eff. 1-25-96.)".