Full Text of HB0694 95th General Assembly
HB0694 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0694
Introduced 2/6/2007, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-1301.3 |
from Ch. 95 1/2, par. 11-1301.3 |
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Amends the Illinois Vehicle Code. Provides that, if a person is charged with unauthorized use of a parking space reserved for a person with disabilities, the charges against the person shall be dismissed if he or she produces in court a device, issued to a person with disabilities under the Code, that the person was entitled to display at the time the citation was issued. Effective immediately.
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A BILL FOR
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HB0694 |
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LRB095 07269 DRH 27407 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-1301.3 as follows:
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| (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
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| Sec. 11-1301.3. Unauthorized use of parking places | 8 |
| reserved for persons with
disabilities. | 9 |
| (a) It shall be prohibited to park any motor vehicle which | 10 |
| is not properly
displaying
registration plates or decals or a | 11 |
| device issued to a person with disabilities, as defined
by | 12 |
| Section 1-159.1, pursuant to Sections 3-616, 11-1301.1 or | 13 |
| 11-1301.2, or to
a disabled veteran pursuant to Section 3-609 | 14 |
| of this Act, as evidence that the
vehicle is operated by or for | 15 |
| a person with disabilities or disabled veteran,
in any parking | 16 |
| place, including any private
or public offstreet parking | 17 |
| facility, specifically reserved, by the
posting of an official | 18 |
| sign as designated under Section 11-301, for
motor vehicles | 19 |
| displaying such registration plates.
It shall be prohibited to | 20 |
| park any motor vehicle in a designated access
aisle adjacent to | 21 |
| any parking place specifically reserved for persons with
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| disabilities, by the posting of an official sign as designated | 23 |
| under Section
11-301, for motor vehicles displaying such |
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HB0694 |
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LRB095 07269 DRH 27407 b |
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| registration plates.
When using the parking privileges for | 2 |
| persons with disabilities, the parking
decal or device must be | 3 |
| displayed properly in the vehicle where it is clearly
visible | 4 |
| to law enforcement personnel, either hanging from the rearview | 5 |
| mirror
or placed on the dashboard of the vehicle in clear view.
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| Any motor vehicle properly displaying a disability license | 7 |
| plate or a
parking decal or device containing the International | 8 |
| symbol of access
issued to persons with disabilities by any | 9 |
| local authority, state, district,
territory or foreign country | 10 |
| shall be recognized by State and local
authorities as a valid | 11 |
| license plate or device and receive the same parking
privileges | 12 |
| as residents of this State. | 13 |
| A complaint charging a person with violating this | 14 |
| subsection (a) shall be dismissed if the person produces in | 15 |
| court a device, issued to a person with disabilities under | 16 |
| Section 11-1301.2 of this Code, that the person was entitled to | 17 |
| display at the time the citation was issued.
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| (a-1) An individual with a vehicle displaying disability | 19 |
| license plates or a parking decal or device issued to a | 20 |
| qualified person with a disability under Sections 3-616, | 21 |
| 11-1301.1, or 11-1301.2 or to a disabled veteran under Section | 22 |
| 3-609 is in violation of this Section if (i) the person using | 23 |
| the disability license plate or parking decal or device is not | 24 |
| the authorized holder of the disability license plate or | 25 |
| parking decal or device or is not transporting the authorized | 26 |
| holder of the disability license plate or parking decal or |
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LRB095 07269 DRH 27407 b |
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| device to or from the parking location and (ii) the person uses | 2 |
| the disability license plate or parking decal or device to | 3 |
| exercise any privileges granted through the disability license | 4 |
| plate or parking decals or devices under this Code.
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| (b) Any person or local authority owning or operating any | 6 |
| public or private
offstreet parking facility may, after | 7 |
| notifying the police or sheriff's
department, remove or cause | 8 |
| to be removed to the nearest garage or other
place of safety | 9 |
| any vehicle parked within a stall or space reserved for
use by | 10 |
| a person with disabilities which does not
display person with | 11 |
| disabilities registration
plates or a special decal or device | 12 |
| as required under this Section.
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| (c) Any person found guilty of violating the provisions of | 14 |
| subsection (a) shall be fined $250 in addition to any costs or | 15 |
| charges connected
with the removal or storage of any motor | 16 |
| vehicle authorized under this
Section; but municipalities by | 17 |
| ordinance may impose a fine up to $350
and shall display signs | 18 |
| indicating the fine imposed. If the amount of
the fine is | 19 |
| subsequently changed, the municipality shall change the sign to
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| indicate the current amount of the fine.
It shall not be a | 21 |
| defense to a charge under this Section that either the sign | 22 |
| posted
pursuant to this
Section or the intended accessible | 23 |
| parking place does not comply with the technical requirements | 24 |
| of Section 11-301,
Department
regulations, or local ordinance | 25 |
| if a reasonable person would be made aware by
the
sign or | 26 |
| notice on or near the parking place that the place is reserved |
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LRB095 07269 DRH 27407 b |
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| for a
person
with
disabilities.
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| (c-1) Any person found guilty of violating the provisions | 3 |
| of subsection (a-1) shall be fined $500. The circuit clerk | 4 |
| shall distribute $250 of the $500 fine imposed on any person | 5 |
| who is found guilty of or pleads guilty to violating this | 6 |
| Section, including any person placed on court supervision for | 7 |
| violating this Section, to the law enforcement agency that | 8 |
| issued the citation or made the arrest. If more than one law | 9 |
| enforcement agency is responsible for issuing the citation or | 10 |
| making the arrest, the $250 shall be shared equally.
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| (d) Local authorities shall impose fines as established in | 12 |
| subsections
(c) and (c-1) for violations of this Section.
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| (e) As used in this Section, "authorized holder" means an | 14 |
| individual
issued a disability
license plate under Section | 15 |
| 3-616 of this
Code, an individual issued a parking decal or | 16 |
| device
under Section 11-1301.2 of this Code, or an individual | 17 |
| issued a disabled veteran's license plate under Section 3-609 | 18 |
| of this Code. | 19 |
| (f) Any person who commits a violation of subsection (a-1) | 20 |
| may have his or her driving privileges suspended or revoked by | 21 |
| the Secretary of State for a period of time determined by the | 22 |
| Secretary of State. The Secretary of State may also suspend or | 23 |
| revoke the disability license plates or parking decal or device | 24 |
| for a period of time determined by the Secretary of State.
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| (Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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