Full Text of SB1212 103rd General Assembly
SB1212sam001 103RD GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 3/24/2023
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| 1 | | AMENDMENT TO SENATE BILL 1212
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1212 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Roadside Memorial Act is amended by | 5 | | changing Sections 20 and 23.1 as follows: | 6 | | (605 ILCS 125/20)
| 7 | | Sec. 20. DUI memorial markers. | 8 | | (a) A DUI memorial marker erected before July 1, 2021 | 9 | | shall consist of a white on blue panel bearing the message | 10 | | "Please Don't Drink and Drive". A DUI memorial marker erected
| 11 | | on or after July 1, 2021 shall consist of a white on blue panel
| 12 | | bearing the message "Don't Drive Under the Influence". At the | 13 | | request of the qualified relative, a separate panel bearing | 14 | | the words "In Memory of (victim's name)", followed by the date | 15 | | of the crash that was the proximate cause of the loss of the | 16 | | victim's life, shall be mounted below the primary panel. This
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| 1 | | amendatory Act of the 102nd General Assembly does not require
| 2 | | the removal or replacement of any memorial markers erected
| 3 | | before July 1, 2021. | 4 | | (b) A DUI memorial marker may memorialize more than one | 5 | | victim who died as a result of the same DUI-related crash. If | 6 | | one or more additional DUI crash deaths subsequently occur in | 7 | | close proximity to an existing DUI memorial marker, the | 8 | | supporting jurisdiction may use the same marker to memorialize | 9 | | the subsequent death or deaths, by adding the names of the | 10 | | additional persons. | 11 | | (c) A DUI memorial marker shall be maintained for at least | 12 | | 4 2 years from the date the last person was memorialized on the | 13 | | marker. | 14 | | (d) The supporting jurisdiction has the right to install a | 15 | | marker at a location other than the location of the crash or to | 16 | | relocate a marker due to restricted room, property owner | 17 | | complaints, interference with essential traffic control | 18 | | devices, safety concerns, or other restrictions. In such | 19 | | cases, the sponsoring jurisdiction may select an alternate | 20 | | location. | 21 | | (e) The Department shall secure the consent of any | 22 | | municipality before placing a DUI memorial marker within the | 23 | | corporate limits of the municipality. | 24 | | (f) A fee in an amount to be determined by the supporting | 25 | | jurisdiction may be paid in whole or in part from the Roadside | 26 | | Memorial Fund if moneys are made available by the Department |
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| 1 | | of Transportation from that Fund or may be charged to the | 2 | | qualified relative to the extent moneys from that Fund are not | 3 | | made available. The fee shall not exceed the costs associated | 4 | | with the fabrication, installation, and maintenance of the DUI | 5 | | memorial marker.
| 6 | | (Source: P.A. 102-60, eff. 7-9-21.) | 7 | | (605 ILCS 125/23.1) | 8 | | (Text of Section before amendment by P.A. 102-982 ) | 9 | | Sec. 23.1. Fatal accident memorial marker program. | 10 | | (a) The fatal accident memorial marker program is intended | 11 | | to raise public awareness of traffic fatalities caused by | 12 | | reckless driving or other means by emphasizing the dangers | 13 | | while affording families an opportunity to remember the | 14 | | victims of traffic crashes. | 15 | | (b) As used in this Section, "fatal accident memorial | 16 | | marker" means a marker on a highway in this State | 17 | | commemorating one or more persons who died as a proximate | 18 | | result of a crash caused by a driver who committed an act of | 19 | | reckless homicide in violation of Section 9-3 or 9-3.2 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012 or who | 21 | | otherwise caused the death of one or more persons through the | 22 | | operation of a motor vehicle. | 23 | | (c) For purposes of the fatal accident memorial marker | 24 | | program in this Section, the provisions of Section 15 of this | 25 | | Act applicable to DUI memorial markers shall apply the same to |
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| 1 | | fatal accident memorial markers. | 2 | | (d) A fatal accident memorial marker shall consist of a | 3 | | white on blue panel bearing the message "Reckless Driving | 4 | | Costs Lives" if the victim or victims died as a proximate | 5 | | result of a crash caused by a driver who committed an act of | 6 | | reckless homicide in violation of Section 9-3 or 9-3.2 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012. Otherwise, | 8 | | a fatal accident memorial marker shall consist of a white on | 9 | | blue panel bearing the message "Drive With Care". At the | 10 | | request of the qualified relative, a separate panel bearing | 11 | | the words "In Memory of (victim's name)", followed by the date | 12 | | of the crash that was the proximate cause of the loss of the | 13 | | victim's life, shall be mounted below the primary panel. | 14 | | (e) A fatal accident memorial marker may memorialize more | 15 | | than one victim who died as a result of the same crash. If one | 16 | | or more additional deaths subsequently occur in close | 17 | | proximity to an existing fatal accident memorial marker, the | 18 | | supporting jurisdiction may use the same marker to memorialize | 19 | | the subsequent death or deaths, by adding the names of the | 20 | | additional persons. | 21 | | (f) A fatal accident memorial marker shall be maintained | 22 | | for at least 2 years from the date the last person was | 23 | | memorialized on the marker. | 24 | | (g) The supporting jurisdiction has the right to install a | 25 | | marker at a location other than the location of the crash or to | 26 | | relocate a marker due to restricted room, property owner |
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| 1 | | complaints, interference with essential traffic control | 2 | | devices, safety concerns, or other restrictions. In these | 3 | | cases, the sponsoring jurisdiction may select an alternate | 4 | | location. | 5 | | (h) The Department shall secure the consent of any | 6 | | municipality before placing a fatal accident memorial marker | 7 | | within the corporate limits of the municipality. | 8 | | (i) A fee in an amount to be determined by the supporting | 9 | | jurisdiction shall be charged to the qualified relative. The | 10 | | fee shall not exceed the costs associated with the | 11 | | fabrication, installation, and maintenance of the fatal | 12 | | accident memorial marker. | 13 | | (j) The provisions of this Section shall apply to any | 14 | | fatal accident marker constructed on or after January 1, 2013.
| 15 | | (Source: P.A. 102-60, eff. 7-9-21.) | 16 | | (Text of Section after amendment by P.A. 102-982 ) | 17 | | Sec. 23.1. Fatal crash memorial marker program. | 18 | | (a) The fatal crash memorial marker program is intended to | 19 | | raise public awareness of traffic fatalities caused by | 20 | | reckless driving or other means by emphasizing the dangers | 21 | | while affording families an opportunity to remember the | 22 | | victims of traffic crashes. | 23 | | (b) As used in this Section, "fatal crash memorial marker" | 24 | | means a marker on a highway in this State commemorating one or | 25 | | more persons who died as a proximate result of a crash caused |
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| 1 | | by a driver who committed an act of reckless homicide in | 2 | | violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 | 3 | | or the Criminal Code of 2012 or who otherwise caused the death | 4 | | of one or more persons through the operation of a motor | 5 | | vehicle. | 6 | | (c) For purposes of the fatal crash memorial marker | 7 | | program in this Section, the provisions of Section 15 of this | 8 | | Act applicable to DUI memorial markers shall apply the same to | 9 | | fatal crash memorial markers. | 10 | | (d) A fatal crash memorial marker shall consist of a white | 11 | | on blue panel bearing the message "Reckless Driving Costs | 12 | | Lives" if the victim or victims died as a proximate result of a | 13 | | crash caused by a driver who committed an act of reckless | 14 | | homicide in violation of Section 9-3 or 9-3.2 of the Criminal | 15 | | Code of 1961 or the Criminal Code of 2012. Otherwise, a fatal | 16 | | crash memorial marker shall consist of a white on blue panel | 17 | | bearing the message "Drive With Care". At the request of the | 18 | | qualified relative, a separate panel bearing the words "In | 19 | | Memory of (victim's name)", followed by the date of the crash | 20 | | that was the proximate cause of the loss of the victim's life, | 21 | | shall be mounted below the primary panel. | 22 | | (e) A fatal crash memorial marker may memorialize more | 23 | | than one victim who died as a result of the same crash. If one | 24 | | or more additional deaths subsequently occur in close | 25 | | proximity to an existing fatal crash memorial marker, the | 26 | | supporting jurisdiction may use the same marker to memorialize |
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| 1 | | the subsequent death or deaths, by adding the names of the | 2 | | additional persons. | 3 | | (f) A fatal crash memorial marker shall be maintained for | 4 | | at least 4 2 years from the date the last person was | 5 | | memorialized on the marker. | 6 | | (g) The supporting jurisdiction has the right to install a | 7 | | marker at a location other than the location of the crash or to | 8 | | relocate a marker due to restricted room, property owner | 9 | | complaints, interference with essential traffic control | 10 | | devices, safety concerns, or other restrictions. In these | 11 | | cases, the sponsoring jurisdiction may select an alternate | 12 | | location. | 13 | | (h) The Department shall secure the consent of any | 14 | | municipality before placing a fatal crash memorial marker | 15 | | within the corporate limits of the municipality. | 16 | | (i) A fee in an amount to be determined by the supporting | 17 | | jurisdiction shall be charged to the qualified relative. The | 18 | | fee shall not exceed the costs associated with the | 19 | | fabrication, installation, and maintenance of the fatal crash | 20 | | memorial marker. | 21 | | (j) The provisions of this Section shall apply to any | 22 | | fatal crash marker constructed on or after January 1, 2013.
| 23 | | (Source: P.A. 102-60, eff. 7-9-21; 102-982, eff. 7-1-23.)
| 24 | | Section 95. No acceleration or delay. Where this Act makes | 25 | | changes in a statute that is represented in this Act by text |
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| 1 | | that is not yet or no longer in effect (for example, a Section | 2 | | represented by multiple versions), the use of that text does | 3 | | not accelerate or delay the taking effect of (i) the changes | 4 | | made by this Act or (ii) provisions derived from any other | 5 | | Public Act.".
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