Full Text of SB1885 99th General Assembly
SB1885ham001 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/29/2015
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| 1 | | AMENDMENT TO SENATE BILL 1885
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1885 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 1-126.1, 6-102, 6-303, and 11-1414 as | 6 | | follows:
| 7 | | (625 ILCS 5/1-126.1)
| 8 | | Sec. 1-126.1. Highway Designations. The Department of | 9 | | Transportation may
designate streets
or
highways in the system | 10 | | of State highways as follows:
| 11 | | (a) Class I highways include interstate highways, | 12 | | expressways, tollways,
and other
highways deemed | 13 | | appropriate by the department.
| 14 | | (b) Class II highways include major arterials not built | 15 | | to interstate
highway standards that have at least 11 feet | 16 | | lane widths.
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| 1 | | (c) Class III highways include those State highways | 2 | | that have lane widths
of less than 11 feet.
| 3 | | (d) Non-designated highways are highways in the system | 4 | | of State highways
not designated as Class I, II, or III, or | 5 | | local highways which are part of any
county,
township, | 6 | | municipal, or district road system , including highways on | 7 | | public school property . Local authorities also may
| 8 | | designate
Class II or Class III highways within their | 9 | | systems of highways.
| 10 | | (Source: P.A. 92-417, eff. 1-1-02.)
| 11 | | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
| 12 | | Sec. 6-102. What persons are exempt. The following persons | 13 | | are exempt
from the requirements of Section 6-101 and are not | 14 | | required to have an
Illinois drivers license or permit if one | 15 | | or more of the following
qualifying exemptions are met and | 16 | | apply:
| 17 | | 1. Any employee of the United States Government or any | 18 | | member of the
Armed Forces of the United States, while | 19 | | operating a motor vehicle owned by
or leased to the United | 20 | | States Government and being operated on official
business | 21 | | need not be licensed;
| 22 | | 2. A nonresident who has in his immediate possession a | 23 | | valid license issued
to him in his home state or country | 24 | | may operate a motor vehicle for which
he is licensed for | 25 | | the period during which he is in this State;
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| 1 | | 3. A nonresident and his spouse and children living | 2 | | with him who is a
student at a college or university in | 3 | | Illinois who have a valid license
issued by their home | 4 | | State.
| 5 | | 4. A person operating a road machine temporarily upon a | 6 | | highway or
operating a farm tractor between the home farm | 7 | | buildings and any adjacent
or nearby farm land for the | 8 | | exclusive purpose of conducting farm operations
need not be | 9 | | licensed as a driver.
| 10 | | 5. A resident of this State who has been serving as a | 11 | | member of the
Armed Forces of the United States outside the | 12 | | Continental limits of the
United States, for a period of | 13 | | 120 days following his return to the
continental limits of | 14 | | the United States.
| 15 | | 6. A nonresident on active duty in the Armed Forces of | 16 | | the United States
who has a valid license issued by his | 17 | | home state and such nonresident's
spouse, and dependent | 18 | | children and living with parents, who have a valid
license | 19 | | issued by their home state.
| 20 | | 7. A nonresident who becomes a resident of this State, | 21 | | may for a period of
the first 90 days of residence in | 22 | | Illinois operate any motor vehicle which
he was qualified | 23 | | or licensed to drive by his home state or country so long
| 24 | | as he has in his possession, a valid and current license | 25 | | issued to him by
his home state or country. Upon expiration | 26 | | of such 90 day period, such new
resident must comply with |
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| 1 | | the provisions of this Act and apply for an
Illinois | 2 | | license or permit.
| 3 | | 8. An engineer, conductor, brakeman, or any other | 4 | | member of the crew
of a locomotive or train being operated | 5 | | upon rails, including operation on
a railroad crossing over | 6 | | a public street, road or highway. Such person is
not | 7 | | required to display a driver's license to any law | 8 | | enforcement officer
in connection with the operation of a | 9 | | locomotive or train within this State.
| 10 | | The provisions of this Section granting exemption to any | 11 | | nonresident
shall be operative to the same extent that the laws | 12 | | of the State or country
of such nonresident grant like | 13 | | exemption to residents of this State.
| 14 | | The Secretary of State may implement the exemption | 15 | | provisions of this
Section by inclusion thereof in a | 16 | | reciprocity agreement, arrangement or
declaration issued | 17 | | pursuant to this Act.
| 18 | | (Source: P.A. 96-607, eff. 8-24-09; 97-835, eff. 7-20-12.)
| 19 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 20 | | Sec. 6-303. Driving while driver's license, permit or | 21 | | privilege to
operate a motor vehicle is suspended or revoked.
| 22 | | (a) Except as otherwise provided in subsection (a-5), and | 23 | | except as exempted under subsection 4 of Section 6-102 of this | 24 | | Code, any person who drives or is in actual physical control of | 25 | | a motor
vehicle on any highway of this State at a time when |
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| 1 | | such person's driver's
license, permit or privilege to do so or | 2 | | the privilege to obtain a driver's
license or permit is revoked | 3 | | or suspended as provided by this Code or the law
of another | 4 | | state, except as may be specifically allowed by a judicial | 5 | | driving
permit issued prior to January 1, 2009, monitoring | 6 | | device driving permit, family financial responsibility driving | 7 | | permit, probationary
license to drive, or a restricted driving | 8 | | permit issued pursuant to this Code
or under the law of another | 9 | | state, shall be guilty of a Class A misdemeanor.
| 10 | | (a-3) A second or subsequent violation of subsection (a) of | 11 | | this Section is a Class 4 felony if committed by a person whose | 12 | | driving or operation of a motor vehicle is the proximate cause | 13 | | of a motor vehicle accident that causes personal injury or | 14 | | death to another. For purposes of this subsection, a personal | 15 | | injury includes any Type A injury as indicated on the traffic | 16 | | accident report completed by a law enforcement officer that | 17 | | requires immediate professional attention in either a doctor's | 18 | | office or a medical facility. A Type A injury includes severe | 19 | | bleeding wounds, distorted extremities, and injuries that | 20 | | require the injured party to be carried from the scene. | 21 | | (a-5) Any person who violates this Section as provided in | 22 | | subsection (a) while his or her driver's license, permit or | 23 | | privilege is revoked because of a violation of Section 9-3 of | 24 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | relating to the offense of reckless homicide or a similar | 26 | | provision of a law of another state, is guilty of a Class 4 |
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| 1 | | felony. The person shall be required to undergo a professional | 2 | | evaluation, as provided in Section 11-501 of this Code, to | 3 | | determine if an alcohol, drug, or intoxicating compound problem | 4 | | exists and the extent of the problem, and to undergo the | 5 | | imposition of treatment as appropriate.
| 6 | | (a-10) A person's driver's license, permit, or privilege to | 7 | | obtain a driver's license or permit may be subject to multiple | 8 | | revocations, multiple suspensions, or any combination of both | 9 | | simultaneously. No revocation or suspension shall serve to | 10 | | negate, invalidate, cancel, postpone, or in any way lessen the | 11 | | effect of any other revocation or suspension entered prior or | 12 | | subsequent to any other revocation or suspension. | 13 | | (b) (Blank). | 14 | | (b-1) Upon receiving a report of the conviction of any | 15 | | violation indicating a person was operating a motor vehicle | 16 | | during the time when the person's driver's license, permit or | 17 | | privilege was suspended by the Secretary of State or the | 18 | | driver's licensing administrator of another state, except as | 19 | | specifically allowed by a probationary license, judicial | 20 | | driving permit, restricted driving permit or monitoring device | 21 | | driving permit the Secretary shall extend the suspension for | 22 | | the same period of time as the originally imposed suspension | 23 | | unless the suspension has already expired, in which case the | 24 | | Secretary shall be authorized to suspend the person's driving | 25 | | privileges for the same period of time as the originally | 26 | | imposed suspension. |
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| 1 | | (b-2) Except as provided in subsection (b-6), upon | 2 | | receiving a report of the conviction of any violation | 3 | | indicating a person was operating a motor vehicle when the | 4 | | person's driver's license, permit or privilege was revoked by | 5 | | the Secretary of State or the driver's license administrator of | 6 | | any other state, except as specifically allowed by a restricted | 7 | | driving permit issued pursuant to this Code or the law of | 8 | | another state, the Secretary shall not issue a driver's license | 9 | | for an additional period of one year from the date of such | 10 | | conviction indicating such person was operating a vehicle | 11 | | during such period of revocation. | 12 | | (b-3) (Blank).
| 13 | | (b-4) When the Secretary of State receives a report of a | 14 | | conviction of any violation indicating a person was operating a | 15 | | motor vehicle that was not equipped with an ignition interlock | 16 | | device during a time when the person was prohibited from | 17 | | operating a motor vehicle not equipped with such a device, the | 18 | | Secretary shall not issue a driver's license to that person for | 19 | | an additional period of one year from the date of the | 20 | | conviction.
| 21 | | (b-5) Any person convicted of violating this Section shall | 22 | | serve a minimum
term of imprisonment of 30 consecutive days or | 23 | | 300
hours of community service
when the person's driving | 24 | | privilege was revoked or suspended as a result of a violation | 25 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 26 | | Code of 2012,
relating to the offense of reckless homicide, or |
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| 1 | | a similar provision of a law of another state.
| 2 | | (b-6) Upon receiving a report of a first conviction of | 3 | | operating a motor vehicle while the person's driver's license, | 4 | | permit or privilege was revoked where the revocation was for a | 5 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012 relating to the offense of reckless | 7 | | homicide or a similar out-of-state offense, the Secretary shall | 8 | | not issue a driver's license for an additional period of three | 9 | | years from the date of such conviction. | 10 | | (c) Except as provided in subsections (c-3) and (c-4), any | 11 | | person convicted of violating this Section shall serve a | 12 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 13 | | of community service
when the person's driving privilege was | 14 | | revoked or suspended as a result of:
| 15 | | (1) a violation of Section 11-501 of this Code or a | 16 | | similar provision
of a local ordinance relating to the | 17 | | offense of operating or being in physical
control of a | 18 | | vehicle while under the influence of alcohol, any other | 19 | | drug
or any combination thereof; or
| 20 | | (2) a violation of paragraph (b) of Section 11-401 of | 21 | | this Code or a
similar provision of a local ordinance | 22 | | relating to the offense of leaving the
scene of a motor | 23 | | vehicle accident involving personal injury or death; or
| 24 | | (3)
a statutory summary suspension or revocation under | 25 | | Section 11-501.1 of this
Code.
| 26 | | Such sentence of imprisonment or community service shall |
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| 1 | | not be subject
to suspension in order to reduce such sentence.
| 2 | | (c-1) Except as provided in subsections (c-5) and (d), any | 3 | | person convicted of a
second violation of this Section shall be | 4 | | ordered by the court to serve a
minimum
of 100 hours of | 5 | | community service.
| 6 | | (c-2) In addition to other penalties imposed under this | 7 | | Section, the
court may impose on any person convicted a fourth | 8 | | time of violating this
Section any of
the following:
| 9 | | (1) Seizure of the license plates of the person's | 10 | | vehicle.
| 11 | | (2) Immobilization of the person's vehicle for a period | 12 | | of time
to be determined by the court.
| 13 | | (c-3) Any person convicted of a violation of this Section | 14 | | during a period of summary suspension imposed pursuant to | 15 | | Section 11-501.1 when the person was eligible for a MDDP shall | 16 | | be guilty of a Class 4 felony and shall serve a minimum term of | 17 | | imprisonment of 30 days. | 18 | | (c-4) Any person who has been issued a MDDP and who is | 19 | | convicted of a violation of this Section as a result of | 20 | | operating or being in actual physical control of a motor | 21 | | vehicle not equipped with an ignition interlock device at the | 22 | | time of the offense shall be guilty of a Class 4 felony and | 23 | | shall serve a minimum term of imprisonment of 30 days.
| 24 | | (c-5) Any person convicted of a second violation of this
| 25 | | Section is guilty of a Class 2 felony, is not eligible for | 26 | | probation or conditional discharge, and shall serve a mandatory |
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| 1 | | term of
imprisonment, if: | 2 | | (1) the current violation occurred when the person's | 3 | | driver's license was suspended or revoked for a violation | 4 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 5 | | Code of 2012, relating
to the offense of reckless homicide, | 6 | | or a similar out-of-state offense; and | 7 | | (2) the prior conviction under this Section occurred | 8 | | while the person's driver's license was suspended or | 9 | | revoked for a violation of Section 9-3 of the Criminal Code | 10 | | of 1961 or the Criminal Code of 2012 relating to the | 11 | | offense of reckless homicide, or a similar out-of-state | 12 | | offense, or was suspended or revoked for a violation of | 13 | | Section 11-401 or 11-501 of this Code, a similar | 14 | | out-of-state offense, a similar provision of a local | 15 | | ordinance, or a statutory summary suspension or revocation | 16 | | under Section 11-501.1 of this Code.
| 17 | | (d) Any person convicted of a second violation of this
| 18 | | Section shall be guilty of a Class 4 felony and shall serve a | 19 | | minimum term of
imprisonment of 30 days or 300 hours of | 20 | | community service, as determined by the
court, if: | 21 | | (1) the current violation occurred when the person's | 22 | | driver's license was suspended or revoked for a violation | 23 | | of Section 11-401 or 11-501 of this Code,
a similar | 24 | | out-of-state offense, a similar provision of a local
| 25 | | ordinance, or a
statutory summary suspension or revocation | 26 | | under Section 11-501.1 of this Code; and |
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| 1 | | (2) the prior conviction under this Section occurred | 2 | | while the person's driver's license was suspended or | 3 | | revoked for a violation of Section 11-401 or 11-501 of this | 4 | | Code, a similar out-of-state offense, a similar provision | 5 | | of a local ordinance, or a statutory summary suspension or | 6 | | revocation under Section 11-501.1 of this Code, or for a | 7 | | violation of Section 9-3 of the Criminal Code of 1961 or | 8 | | the Criminal Code of 2012, relating to the offense of | 9 | | reckless homicide, or a similar out-of-state offense.
| 10 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 11 | | (d-3), any
person convicted of
a third or subsequent violation | 12 | | of this Section shall serve a minimum term of
imprisonment of | 13 | | 30 days or 300 hours of community service, as determined by the
| 14 | | court.
| 15 | | (d-2) Any person convicted of a third violation of this
| 16 | | Section is guilty of a Class 4 felony and must serve a minimum | 17 | | term of
imprisonment of 30 days, if: | 18 | | (1) the current violation occurred when the person's | 19 | | driver's license was suspended or revoked for a violation | 20 | | of Section 11-401 or 11-501 of this Code,
or a similar | 21 | | out-of-state offense, or a similar provision of a local
| 22 | | ordinance, or a
statutory summary suspension or revocation | 23 | | under Section 11-501.1 of this Code; and | 24 | | (2) the prior convictions under this Section occurred | 25 | | while the person's driver's license was suspended or | 26 | | revoked for a violation of Section 11-401 or 11-501 of this |
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| 1 | | Code, a similar out-of-state offense, a similar provision | 2 | | of a local ordinance, or a statutory summary suspension or | 3 | | revocation under Section 11-501.1 of this Code, or for a | 4 | | violation of Section 9-3 of the Criminal Code of 1961 or | 5 | | the Criminal Code of 2012, relating to the offense of | 6 | | reckless homicide, or a similar out-of-state offense.
| 7 | | (d-2.5) Any person convicted of a third violation of this
| 8 | | Section is guilty of a Class 1 felony, is not eligible for | 9 | | probation or conditional discharge, and must serve a mandatory | 10 | | term of
imprisonment, if: | 11 | | (1) the current violation occurred while the person's | 12 | | driver's license was suspended or revoked for a violation | 13 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012, relating to the offense of reckless homicide, | 15 | | or a similar out-of-state offense.
The person's driving | 16 | | privileges shall be revoked for the remainder of the | 17 | | person's life; and | 18 | | (2) the prior convictions under this Section occurred | 19 | | while the person's driver's license was suspended or | 20 | | revoked for a violation of Section 9-3 of the Criminal Code | 21 | | of 1961 or the Criminal Code of 2012, relating to the | 22 | | offense of reckless homicide, or a similar out-of-state | 23 | | offense, or was suspended or revoked for a violation of | 24 | | Section 11-401 or 11-501 of this Code, a similar | 25 | | out-of-state offense, a similar provision of a local | 26 | | ordinance, or a statutory summary suspension or revocation |
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| 1 | | under Section 11-501.1 of this Code. | 2 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 3 | | seventh, eighth, or ninth violation of this
Section is guilty | 4 | | of a Class 4 felony and must serve a minimum term of
| 5 | | imprisonment of 180 days, if: | 6 | | (1) the current violation occurred when the person's | 7 | | driver's license was suspended or revoked for a
violation | 8 | | of Section 11-401 or 11-501 of this Code, a similar | 9 | | out-of-state
offense, a similar provision of a local | 10 | | ordinance, or a statutory
summary suspension or revocation | 11 | | under Section 11-501.1 of this Code; and | 12 | | (2) the prior convictions under this Section occurred | 13 | | while the person's driver's license was suspended or | 14 | | revoked for a violation of Section 11-401 or 11-501 of this | 15 | | Code, a similar out-of-state offense, a similar provision | 16 | | of a local ordinance, or a statutory summary suspension or | 17 | | revocation under Section 11-501.1 of this Code, or for a | 18 | | violation of Section 9-3 of the Criminal Code of 1961 or | 19 | | the Criminal Code of 2012, relating to the offense of | 20 | | reckless homicide, or a similar out-of-state offense.
| 21 | | (d-3.5) Any person convicted of a fourth or subsequent | 22 | | violation of this
Section is guilty of a Class 1 felony, is not | 23 | | eligible for probation or conditional discharge, and must serve | 24 | | a mandatory term of
imprisonment, and is eligible for an | 25 | | extended term, if: | 26 | | (1) the current violation occurred when the person's |
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| 1 | | driver's license was suspended or revoked for a
violation | 2 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 3 | | Code of 2012, relating to the offense of reckless homicide, | 4 | | or a similar out-of-state offense; and | 5 | | (2) the prior convictions under this Section occurred | 6 | | while the person's driver's license was suspended or | 7 | | revoked for a violation of Section 9-3 of the Criminal Code | 8 | | of 1961 or the Criminal Code of 2012, relating to the | 9 | | offense of reckless homicide, or a similar out-of-state | 10 | | offense, or was suspended or revoked for a violation of | 11 | | Section 11-401 or 11-501 of this Code, a similar | 12 | | out-of-state offense, a similar provision of a local | 13 | | ordinance, or a statutory summary suspension or revocation | 14 | | under Section 11-501.1 of this Code.
| 15 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 16 | | thirteenth, or fourteenth violation of this Section is guilty | 17 | | of a Class 3 felony, and is not eligible for probation or | 18 | | conditional discharge, if: | 19 | | (1) the current violation occurred when the person's | 20 | | driver's license was suspended or revoked for a violation | 21 | | of Section 11-401 or 11-501 of this Code, or a similar | 22 | | out-of-state offense, or a similar provision of a local | 23 | | ordinance, or a statutory summary suspension or revocation | 24 | | under Section 11-501.1 of this Code; and | 25 | | (2) the prior convictions under this Section occurred | 26 | | while the person's driver's license was suspended or |
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| 1 | | revoked for a violation of Section 11-401 or 11-501 of this | 2 | | Code, a similar out-of-state offense, a similar provision | 3 | | of a local ordinance, or a statutory suspension or | 4 | | revocation under Section 11-501.1 of this Code, or for a | 5 | | violation of Section 9-3 of the Criminal Code of 1961 or | 6 | | the Criminal Code of 2012, relating to the offense of | 7 | | reckless homicide, or a similar out-of-state offense. | 8 | | (d-5) Any person convicted of a fifteenth or subsequent | 9 | | violation of this Section is guilty of a Class 2 felony, and is | 10 | | not eligible for probation or conditional discharge, if: | 11 | | (1) the current violation occurred when the person's | 12 | | driver's license was suspended or revoked for a violation | 13 | | of Section 11-401 or 11-501 of this Code, or a similar | 14 | | out-of-state offense, or a similar provision of a local | 15 | | ordinance, or a statutory summary suspension or revocation | 16 | | under Section 11-501.1 of this Code; and | 17 | | (2) the prior convictions under this Section occurred | 18 | | while the person's driver's license was suspended or | 19 | | revoked for a violation of Section 11-401 or 11-501 of this | 20 | | Code, a similar out-of-state offense, a similar provision | 21 | | of a local ordinance, or a statutory summary suspension or | 22 | | revocation under Section 11-501.1 of this Code, or for a | 23 | | violation of Section 9-3 of the Criminal Code of 1961 or | 24 | | the Criminal Code of 2012, relating to the offense of | 25 | | reckless homicide, or a similar out-of-state offense.
| 26 | | (e) Any person in violation of this Section who is also in |
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| 1 | | violation of
Section 7-601 of this Code relating to mandatory | 2 | | insurance requirements, in
addition to other penalties imposed | 3 | | under this Section, shall have his or her
motor vehicle | 4 | | immediately impounded by the arresting law enforcement | 5 | | officer.
The motor vehicle may be released to any licensed | 6 | | driver upon a showing of
proof of insurance for the vehicle | 7 | | that was impounded and the notarized written
consent for the | 8 | | release by the vehicle owner.
| 9 | | (f) For any prosecution under this Section, a certified | 10 | | copy of the
driving abstract of the defendant shall be admitted | 11 | | as proof of any prior
conviction.
| 12 | | (g) The motor vehicle used in a violation of this Section | 13 | | is subject
to seizure and forfeiture as provided in Sections | 14 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 15 | | driving privilege was revoked
or suspended as a result of: | 16 | | (1) a violation of Section 11-501 of this Code, a | 17 | | similar provision
of a local ordinance, or a similar | 18 | | provision of a law of another state; | 19 | | (2) a violation of paragraph (b) of Section 11-401 of | 20 | | this Code, a
similar provision of a local ordinance, or a | 21 | | similar provision of a law of another state; | 22 | | (3) a statutory summary suspension or revocation under | 23 | | Section 11-501.1 of this
Code or a similar provision of a | 24 | | law of another state; or | 25 | | (4) a violation of Section 9-3 of the Criminal Code of | 26 | | 1961 or the Criminal Code of 2012 relating to the offense |
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| 1 | | of reckless homicide, or a similar provision of a law of | 2 | | another state.
| 3 | | (Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13; | 4 | | 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff. | 5 | | 8-27-13; 98-756, eff. 7-16-14.)
| 6 | | (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
| 7 | | Sec. 11-1414. Approaching, overtaking, and passing school | 8 | | bus.
| 9 | | (a) The driver of a vehicle shall stop such vehicle before | 10 | | meeting or
overtaking, from either direction, any school bus | 11 | | stopped at any location , including highways on public school | 12 | | property, for
the purpose of receiving or discharging pupils. | 13 | | Such stop is required before
reaching the school bus when there | 14 | | is in operation on the school
bus the visual signals as | 15 | | specified in Sections 12-803 and 12-805 of this
Code. The | 16 | | driver of the vehicle shall not proceed until the
school bus | 17 | | resumes motion or the driver of the vehicle is signaled by the
| 18 | | school bus driver to proceed or the visual signals are no | 19 | | longer actuated.
| 20 | | (b) The stop signal arm required by Section 12-803 of this | 21 | | Code shall
be extended after the school bus has come to a | 22 | | complete stop for the purpose of
loading or discharging pupils | 23 | | and shall be closed before the school bus
is placed in motion | 24 | | again. The stop signal arm shall
not be extended at any other | 25 | | time.
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| 1 | | (c) The alternately flashing red signal lamps of an
8-lamp | 2 | | flashing signal system required by Section 12-805 of this Code
| 3 | | shall be actuated after the school bus has come to a complete | 4 | | stop for the
purpose of
loading or discharging pupils and shall | 5 | | be turned off before
the school bus is placed in motion again. | 6 | | The red signal
lamps shall not be actuated at any other time
| 7 | | except as provided in paragraph (d) of this Section.
| 8 | | (d) The alternately flashing amber signal lamps of an | 9 | | 8-lamp
flashing signal system required by Section 12-805 of | 10 | | this
Code shall be actuated continuously during not less than | 11 | | the last 100
feet traveled by the school bus before stopping | 12 | | for the purpose of loading
or discharging pupils within an | 13 | | urban area and during not less than
the last 200 feet traveled | 14 | | by the school
bus outside an urban area. The amber signal lamps | 15 | | shall remain actuated
until the school
bus is stopped. The | 16 | | amber signal lamps shall not be actuated at any other time.
| 17 | | (d-5) The alternately flashing head lamps permitted by | 18 | | Section 12-805 of
this Code may be operated while the | 19 | | alternately flashing red or amber signal
lamps required by that | 20 | | Section are actuated.
| 21 | | (e) The driver of a vehicle upon a highway having 4 or more | 22 | | lanes which
permits at least 2 lanes of traffic to travel in | 23 | | opposite directions need not
stop such vehicle upon meeting a | 24 | | school bus which is stopped in the opposing
roadway; and need | 25 | | not stop such vehicle when driving upon a controlled access
| 26 | | highway when passing a school bus traveling in either direction |
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| 1 | | that is stopped
in a loading zone
adjacent to the surfaced or | 2 | | improved part of the controlled access
highway where | 3 | | pedestrians are not permitted to cross.
| 4 | | (f) Beginning with the effective date of this amendatory | 5 | | Act of 1985,
the Secretary of State shall suspend for a period | 6 | | of 3 months
the driving
privileges of any person convicted of a | 7 | | violation of subsection (a) of this
Section or a similar | 8 | | provision of a local ordinance; the Secretary shall
suspend for | 9 | | a period of one year the driving privileges of any person | 10 | | convicted
of a second or subsequent violation of subsection (a) | 11 | | of this Section or a
similar provision of a local ordinance if | 12 | | the second or subsequent violation
occurs within 5 years of a | 13 | | prior conviction for the same offense. In addition
to the | 14 | | suspensions authorized by this Section, any person convicted of
| 15 | | violating this Section or a similar provision of a local | 16 | | ordinance
shall be subject to a mandatory fine of $150 or, upon | 17 | | a second or subsequent
violation, $500.
The Secretary may also | 18 | | grant, for the duration of any
suspension issued under this | 19 | | subsection, a restricted driving permit
granting the privilege | 20 | | of driving a motor vehicle between the driver's
residence and | 21 | | place of employment or within other proper limits that the
| 22 | | Secretary of State shall find necessary to avoid any undue | 23 | | hardship. A
restricted driving permit issued hereunder shall be | 24 | | subject to
cancellation, revocation and suspension by the | 25 | | Secretary of State in like
manner and for like cause as a | 26 | | driver's license may be cancelled, revoked
or suspended; except |
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| 1 | | that a conviction upon one or more offenses against
laws or | 2 | | ordinances regulating the movement of traffic shall be deemed
| 3 | | sufficient cause for the revocation, suspension or | 4 | | cancellation of the
restricted driving permit. The Secretary of | 5 | | State may, as a condition to
the issuance of a restricted | 6 | | driving permit, require the applicant to
participate in a | 7 | | designated driver remedial or rehabilitative program. Any
| 8 | | conviction for a violation of this subsection shall be included | 9 | | as an
offense for the purposes of determining suspension action | 10 | | under any other
provision of this Code, provided however, that | 11 | | the penalties provided under
this subsection shall be imposed | 12 | | unless those penalties imposed under other
applicable | 13 | | provisions are greater.
| 14 | | The owner of any vehicle alleged to have violated paragraph | 15 | | (a) of this
Section shall, upon appropriate demand by the | 16 | | State's Attorney or other
designated person acting in response | 17 | | to a signed complaint, provide
a written statement or | 18 | | deposition identifying the operator of the vehicle
if such | 19 | | operator was not the owner at the time of the alleged | 20 | | violation.
Failure to supply such information shall result in | 21 | | the suspension of the vehicle registration of the vehicle for a | 22 | | period of 3 months. In the event the owner has assigned control | 23 | | for the use
of the vehicle to another, the person to whom | 24 | | control was assigned shall
comply with the provisions of this | 25 | | paragraph and be subject to the same
penalties as herein | 26 | | provided.
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| 1 | | (Source: P.A. 95-105, eff. 1-1-08; 95-331, eff. 8-21-07.)".
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