Full Text of HB1453 99th General Assembly
HB1453sam001 99TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/19/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1453
| 2 | | AMENDMENT NO. ______. Amend House Bill 1453 on page 1, by | 3 | | inserting immediately below line 3 the following:
| 4 | | "Section 3. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-605 and 11-605.1 as follows:
| 6 | | (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
| 7 | | Sec. 11-605. Special speed limit while passing schools.
| 8 | | (a) For the purpose of this Section, "school" means the | 9 | | following
entities:
| 10 | | (1) A public or private primary or secondary school.
| 11 | | (2) A primary or secondary school operated by a | 12 | | religious institution.
| 13 | | (3) A public, private, or religious nursery school.
| 14 | | On a school day when school children are present and so | 15 | | close
thereto
that a potential hazard exists because of the | 16 | | close proximity of the motorized
traffic, no person shall drive |
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| 1 | | a motor vehicle at a speed in excess of 20 miles
per hour while | 2 | | passing a school zone or while traveling on a roadway on public
| 3 | | school property or upon any public
thoroughfare where children | 4 | | pass going
to and from school.
| 5 | | For the purpose of this Section a school day shall begin at | 6 | | seven ante
meridian and shall conclude at four post meridian.
| 7 | | This Section shall not be applicable unless appropriate | 8 | | signs are posted
upon streets and highways under their | 9 | | respective jurisdiction and
maintained by the Department, | 10 | | township, county, park district, city,
village or incorporated | 11 | | town wherein the school zone is located. With regard
to the | 12 | | special speed limit while passing schools, such signs
shall | 13 | | give proper due warning that a school zone is being approached | 14 | | and
shall indicate the school zone and the maximum speed limit | 15 | | in effect during
school days when school children are present.
| 16 | | (b) (Blank).
| 17 | | (c) Nothing in this Chapter shall
prohibit the use of | 18 | | electronic speed-detecting devices within 500 feet of
signs | 19 | | within a special school speed zone indicating such zone, as | 20 | | defined
in this Section, nor shall evidence obtained thereby be | 21 | | inadmissible in any
prosecution for speeding provided the use | 22 | | of such device shall apply only
to the enforcement of the speed | 23 | | limit in such special school speed zone.
| 24 | | (d) (Blank).
| 25 | | (e) Except as provided in subsection (e-5), a person who | 26 | | violates A first violation of this Section is guilty of a petty
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| 1 | | offense . Violations of this Section are punishable with a | 2 | | minimum fine
of $150 for the first violation and a minimum fine | 3 | | of $300 for the . A second or subsequent violation of this
| 4 | | Section is a petty offense with a minimum fine of $300 .
| 5 | | (e-5) A person committing a violation of this Section is | 6 | | guilty of aggravated special speed limit while passing schools | 7 | | when he or she drives a motor vehicle at a speed that is: | 8 | | (1) 26 miles per hour or more but less than 35 miles | 9 | | per hour in excess of the applicable special speed limit | 10 | | established under this Section or a similar provision of a | 11 | | local ordinance and is guilty of a Class B misdemeanor; or | 12 | | (2) 35 miles per hour or more in excess of the | 13 | | applicable special speed limit established under this | 14 | | Section or a similar provision of a local ordinance and is | 15 | | guilty of a Class A misdemeanor. | 16 | | (f) When a fine for a violation of subsection (a) is $150 | 17 | | or greater,
the person who violates subsection (a) shall be | 18 | | charged an additional
$50 to be paid to the unit school
| 19 | | district where the
violation
occurred for school safety | 20 | | purposes. If the violation occurred in a dual
school district,
| 21 | | $25 of the surcharge shall be paid to the elementary school | 22 | | district for school
safety
purposes and $25 of the surcharge | 23 | | shall be paid to the high school district for
school
safety | 24 | | purposes. Notwithstanding any other provision of law, the | 25 | | entire $50
surcharge
shall be paid to the appropriate school | 26 | | district or districts.
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| 1 | | For purposes of this subsection (f), "school safety | 2 | | purposes" includes the
costs
associated with school zone safety | 3 | | education, the Safe Routes to School Program under Section | 4 | | 2705-317 of the Department of Transportation Law of the Civil | 5 | | Administrative Code of Illinois, safety programs within the | 6 | | School Safety and Educational Improvement Block Grant Program | 7 | | under Section 2-3.51.5 of the School Code, and
the purchase, | 8 | | installation, and maintenance of caution lights
which are
| 9 | | mounted on school speed zone signs.
| 10 | | (g) (Blank).
| 11 | | (h) (Blank).
| 12 | | (Source: P.A. 96-52, eff. 7-23-09.)
| 13 | | (625 ILCS 5/11-605.1) | 14 | | Sec. 11-605.1. Special limit while traveling through a | 15 | | highway construction or maintenance speed zone. | 16 | | (a) A person may not operate a motor vehicle in a | 17 | | construction or maintenance speed zone at a speed in excess of | 18 | | the posted speed limit when workers are present.
| 19 | | (a-5) A person may not operate a motor vehicle in a | 20 | | construction or maintenance speed zone at a speed in excess of | 21 | | the posted speed limit when workers are not present. | 22 | | (b) Nothing in this Chapter prohibits the use of electronic | 23 | | speed-detecting devices within 500 feet of signs within a | 24 | | construction or maintenance speed zone indicating the zone, as | 25 | | defined in this Section, nor shall evidence obtained by use of |
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| 1 | | those devices be inadmissible in any prosecution for speeding, | 2 | | provided the use of the device shall apply only to the | 3 | | enforcement of the speed limit in the construction or | 4 | | maintenance speed zone.
| 5 | | (c) As used in this Section, a "construction or maintenance | 6 | | speed zone" is an area in which the Department, Toll Highway | 7 | | Authority, or local agency has posted signage advising drivers | 8 | | that a construction or maintenance speed zone is being | 9 | | approached, or in which the Department, Authority, or local | 10 | | agency has posted a lower speed limit with a highway | 11 | | construction or maintenance speed zone special speed limit sign | 12 | | after determining that the preexisting established speed limit | 13 | | through a highway construction or maintenance project is | 14 | | greater than is reasonable or safe with respect to the | 15 | | conditions expected to exist in the construction or maintenance | 16 | | speed zone. | 17 | | If it is determined that the preexisting established speed | 18 | | limit is safe with respect to the conditions expected to exist | 19 | | in the construction or maintenance speed zone, additional speed | 20 | | limit signs which conform to the requirements of this | 21 | | subsection (c) shall be posted. | 22 | | Highway construction or maintenance speed zone special | 23 | | speed limit signs shall be of a design approved by the | 24 | | Department. The signs must give proper due warning that a | 25 | | construction or maintenance speed zone is being approached and | 26 | | must indicate the maximum speed limit in effect. The signs also |
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| 1 | | must state the amount of the minimum fine for a violation.
| 2 | | (d) Except as provided under subsection (d-5), a person who | 3 | | violates A first violation of this Section is guilty of a petty | 4 | | offense . Violations of this Section are punishable with a | 5 | | minimum fine of $250 for the first violation and a minimum fine | 6 | | of $750 for the . A second or subsequent violation of this | 7 | | Section is a petty offense with a minimum fine of $750 . | 8 | | (d-5) A person committing a violation of this Section is | 9 | | guilty of aggravated special speed limit while traveling | 10 | | through a highway construction or maintenance speed zone when | 11 | | he or she drives a motor vehicle at a speed that is: | 12 | | (1) 26 miles per hour or more but less than 35 miles | 13 | | per hour in excess of the applicable special speed limit | 14 | | established under this Section or a similar provision of a | 15 | | local ordinance and is guilty of a Class B misdemeanor; or | 16 | | (2) 35 miles per hour or more in excess of the | 17 | | applicable special speed limit established under this | 18 | | Section or a similar provision of a local ordinance and is | 19 | | guilty of a Class A misdemeanor. | 20 | | (e) If a fine for a violation of this Section is $250 or | 21 | | greater, the person who violated this Section shall be charged | 22 | | an additional $125, which shall be deposited into the | 23 | | Transportation Safety Highway Hire-back Fund in the State | 24 | | treasury, unless (i) the violation occurred on a highway other | 25 | | than an interstate highway and (ii) a county police officer | 26 | | wrote the ticket for the violation, in which case the $125 |
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| 1 | | shall be deposited into that county's Transportation Safety | 2 | | Highway Hire-back Fund. In the case of a second or subsequent | 3 | | violation of this Section, if the fine is $750 or greater, the | 4 | | person who violated this Section shall be charged an additional | 5 | | $250, which shall be deposited into the Transportation Safety | 6 | | Highway Hire-back Fund in the State treasury, unless (i) the | 7 | | violation occurred on a highway other than an interstate | 8 | | highway and (ii) a county police officer wrote the ticket for | 9 | | the violation, in which case the $250 shall be deposited into | 10 | | that county's Transportation Safety Highway Hire-back Fund.
| 11 | | (e-5) The Department of State Police and the local county | 12 | | police department have concurrent jurisdiction over any | 13 | | violation of this Section that occurs on an interstate highway.
| 14 | | (f) The Transportation Safety Highway Hire-back Fund, | 15 | | which was created by Public Act 92-619, shall continue to be a | 16 | | special fund in the State treasury. Subject to appropriation by | 17 | | the General Assembly and approval by the Secretary, the | 18 | | Secretary of Transportation shall use all moneys in the | 19 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 20 | | Department of State Police officers to monitor construction or | 21 | | maintenance zones. | 22 | | (f-5) Each county shall create a Transportation Safety | 23 | | Highway Hire-back Fund. The county shall use all moneys in its | 24 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 25 | | county police officers to monitor construction or maintenance | 26 | | zones in that county on highways other than interstate |
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| 1 | | highways.
| 2 | | (g) For a second or subsequent violation of this Section | 3 | | within 2 years of the date of the previous violation, the | 4 | | Secretary of State shall suspend the driver's license of the | 5 | | violator for a period of 90 days.
This suspension shall only be
| 6 | | imposed if the current violation of this Section and at least | 7 | | one prior violation of this Section
occurred during a period | 8 | | when workers were present in the
construction or maintenance | 9 | | zone.
| 10 | | (Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.)"; and
| 11 | | on page 5, by replacing line 20 with the following: | 12 | | "15-301, paragraph (b) of Section 6-104, Section 11-605, | 13 | | paragraph (d-5) of Section 11-605.1, Section"; and | 14 | | on page 11, by replacing lines 1 through 14 with the following: | 15 | | "ordinance when the defendant has previously been: | 16 | | (1) convicted for a violation of Section 11-601.5 of | 17 | | the Illinois Vehicle Code or a similar provision of a local | 18 | | ordinance or any similar law or ordinance of another state; | 19 | | or | 20 | | (2) assigned supervision for a violation of Section | 21 | | 11-601.5 of the Illinois Vehicle Code or a similar | 22 | | provision of a local ordinance or any similar law or | 23 | | ordinance of another state. "; and
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| 1 | | on page 11, by replacing lines 15 through 19 with the | 2 | | following: | 3 | | "(q) The provisions of paragraph (c) shall not apply to a | 4 | | defendant charged with violating subsection (b) of Section | 5 | | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | 6 | | the defendant was operating a vehicle, in an urban district, at | 7 | | a speed that is 26 miles per hour or more in excess of the | 8 | | applicable maximum speed limit established under Chapter 11 of | 9 | | the Illinois Vehicle Code 25 miles per hour over the posted | 10 | | speed limit .".
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