Full Text of SB2650 94th General Assembly
SB2650enr 94TH GENERAL ASSEMBLY
|
|
|
SB2650 Enrolled |
|
LRB094 13586 RLC 48451 b |
|
| 1 |
| AN ACT concerning vehicles.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-605.1 and adding Section 11-612 as follows: | 6 |
| (625 ILCS 5/11-605.1) | 7 |
| Sec. 11-605.1. Special limit while traveling through a | 8 |
| highway construction or maintenance speed zone. | 9 |
| (a) A person may not operate a motor vehicle in a | 10 |
| construction or maintenance speed zone at a speed in excess of | 11 |
| the posted speed limit.
| 12 |
| (b) Nothing in this Chapter prohibits the use of electronic | 13 |
| speed-detecting devices within 500 feet of signs within a | 14 |
| construction or maintenance speed zone indicating the zone, as | 15 |
| defined in this Section, nor shall evidence obtained by use of | 16 |
| those devices be inadmissible in any prosecution for speeding, | 17 |
| provided the use of the device shall apply only to the | 18 |
| enforcement of the speed limit in the construction or | 19 |
| maintenance speed zone.
| 20 |
| (c) As used in this Section, a "construction or maintenance | 21 |
| speed zone" is an area in which the Department, Toll Highway | 22 |
| Authority, or local agency has determined that the preexisting | 23 |
| established speed limit through a highway construction or | 24 |
| maintenance project is greater than is reasonable or safe with | 25 |
| respect to the conditions expected to exist in the construction | 26 |
| or maintenance speed zone and has posted a lower speed limit | 27 |
| with a highway construction or maintenance speed zone special | 28 |
| speed limit sign. | 29 |
| Highway construction or maintenance speed zone special | 30 |
| speed limit signs shall be of a design approved by the | 31 |
| Department. The signs must give proper due warning that a | 32 |
| construction or maintenance speed zone is being approached and |
|
|
|
SB2650 Enrolled |
- 2 - |
LRB094 13586 RLC 48451 b |
|
| 1 |
| must indicate the maximum speed limit in effect. The signs also | 2 |
| must state the amount of the minimum fine for a violation.
| 3 |
| (d) A first violation of this Section is a petty offense | 4 |
| with a minimum fine of $250. A second or subsequent violation | 5 |
| of this Section is a petty offense with a minimum fine of $750. | 6 |
| (e) If a fine for a violation of this Section is $250 or | 7 |
| greater, the person who violated this Section shall be charged | 8 |
| an additional $125, which shall be deposited into the | 9 |
| Transportation Safety Highway Hire-back Fund in the State | 10 |
| treasury, unless (i) the violation occurred on a highway other | 11 |
| than an interstate highway and (ii) a county police officer | 12 |
| wrote the ticket for the violation, in which case the $125 | 13 |
| shall be deposited into that county's Transportation Safety | 14 |
| Highway Hire-back Fund . In the case of a second or subsequent | 15 |
| violation of this Section, if the fine is $750 or greater, the | 16 |
| person who violated this Section shall be charged an additional | 17 |
| $250, which shall be deposited into the Transportation Safety | 18 |
| Highway Hire-back Fund in the State treasury, unless (i) the | 19 |
| violation occurred on a highway other than an interstate | 20 |
| highway and (ii) a county police officer wrote the ticket for | 21 |
| the violation, in which case the $250 shall be deposited into | 22 |
| that county's Transportation Safety Highway Hire-back Fund .
| 23 |
| (e-5) The Department of State Police and the local county | 24 |
| police department have concurrent jurisdiction over any | 25 |
| violation of this Section that occurs on an interstate highway.
| 26 |
| (f) The Transportation Safety Highway Hire-back Fund, | 27 |
| which was created by Public Act 92-619, shall continue to be a | 28 |
| special fund in the State treasury. Subject to appropriation by | 29 |
| the General Assembly and approval by the Secretary, the | 30 |
| Secretary of Transportation shall use all moneys in the | 31 |
| Transportation Safety Highway Hire-back Fund to hire off-duty | 32 |
| Department of State Police officers to monitor construction or | 33 |
| maintenance zones. | 34 |
| (f-5) Each county shall create a Transportation Safety | 35 |
| Highway Hire-back Fund. The county shall use all moneys in its | 36 |
| Transportation Safety Highway Hire-back Fund to hire off-duty |
|
|
|
SB2650 Enrolled |
- 3 - |
LRB094 13586 RLC 48451 b |
|
| 1 |
| county police officers to monitor construction or maintenance | 2 |
| zones in that county on highways other than interstate | 3 |
| highways.
| 4 |
| (g) For a second or subsequent violation of this Section | 5 |
| within 2 years of the date of the previous violation, the | 6 |
| Secretary of State shall suspend the driver's license of the | 7 |
| violator for a period of 90 days.
| 8 |
| (Source: P.A. 93-955, eff. 8-19-04.) | 9 |
| (625 ILCS 5/11-612 new)
| 10 |
| Sec. 11-612. Certain systems to record vehicle speeds | 11 |
| prohibited. Except as authorized in the Automated Traffic | 12 |
| Control Systems in Highway Construction or Maintenance Zones | 13 |
| Act, no photographic, video, or other imaging system may be | 14 |
| used in this State to record vehicle speeds for the purpose of | 15 |
| enforcing any law or ordinance regarding a maximum or minimum | 16 |
| speed limit unless a law enforcement officer is present at the | 17 |
| scene and witnesses the event. No State or local governmental | 18 |
| entity, including a home rule county or municipality, may use | 19 |
| such a system in a way that is prohibited by this Section. The | 20 |
| regulation of the use of such systems is an exclusive power and | 21 |
| function of the State. This Section is a denial and limitation | 22 |
| of home rule powers and functions under subsection (h) of | 23 |
| Section 6 of Article VII of the Illinois Constitution.
| 24 |
| Section 10. The Automated Traffic Control Systems in | 25 |
| Highway Construction or Maintenance Zones Act is amended by | 26 |
| changing Sections 10 and 30 as follows: | 27 |
| (625 ILCS 7/10)
| 28 |
| Sec. 10. Establishment of automated control systems.
The | 29 |
| Department of State Police may establish an automated traffic | 30 |
| control system in any construction or maintenance zone | 31 |
| established by the Department of Transportation or the Illinois | 32 |
| State Toll Highway Authority. An automated traffic control | 33 |
| system may operate only during those periods when workers are |
|
|
|
SB2650 Enrolled |
- 4 - |
LRB094 13586 RLC 48451 b |
|
| 1 |
| present in the construction or maintenance zone. In any | 2 |
| prosecution based upon evidence obtained through an automated | 3 |
| traffic control system established under this Act, the State | 4 |
| must prove that one or more workers were present in the | 5 |
| construction or maintenance zone when the violation occurred.
| 6 |
| (Source: P.A. 93-947, eff. 8-19-04.) | 7 |
| (625 ILCS 7/30)
| 8 |
| Sec. 30. Requirements for issuance of a citation. | 9 |
| (a) The vehicle, vehicle operator, vehicle registration | 10 |
| plate, speed, date, time, and location must be clearly visible | 11 |
| on the photograph or other recorded image of the alleged | 12 |
| violation. | 13 |
| (b) A Uniform Traffic Citation must be mailed or otherwise | 14 |
| delivered to the registered owner of the vehicle. If mailed, | 15 |
| the citation must be sent via certified mail within 14
6
| 16 |
| business days of the alleged violation, return receipt | 17 |
| requested. | 18 |
| (c) The Uniform Traffic Citation must include: | 19 |
| (1) the name and address of the vehicle owner; | 20 |
| (2) the registration number of the vehicle; | 21 |
| (3) the offense charged; | 22 |
| (4) the time, date, and location of the violation; | 23 |
| (5) the first available court date; and
| 24 |
| (6) notice that the basis of the citation is the | 25 |
| photograph or recorded image from the automated traffic | 26 |
| control system. | 27 |
| (d) The Uniform Traffic Citation issued to the violator | 28 |
| must be accompanied by a written document that lists the | 29 |
| violator's rights and obligations and explains how the violator | 30 |
| can elect to proceed by either paying the fine or challenging | 31 |
| the issuance of the Uniform Traffic Citation.
| 32 |
| (Source: P.A. 93-947, eff. 8-19-04.) |
|