Full Text of HB3843 101st General Assembly
HB3843 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3843 Introduced , by Rep. Mark Batinick SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-605 | from Ch. 95 1/2, par. 11-605 |
|
Amends the Illinois Vehicle Code. Provides that for the purpose of the Section concerning special speed limits while passing schools, a school day begins at 6:30 a.m. (instead of 7 a.m.). Includes a statement of legislative intent. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB3843 | | LRB101 12393 TAE 60440 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Legislative purpose. The purpose of this Act is | 5 | | to promote the health and safety of children, parents, and | 6 | | school transportation personnel. The periods in which a special | 7 | | speed limit in a school zone is in effect should be | 8 | | synchronized with the actual schedules of schools in this | 9 | | State, including schools in which the schedule demands that | 10 | | children arrive in school before 7 a.m. | 11 | | Section 5. The Illinois Vehicle Code is amended by changing | 12 | | Section 11-605 as follows:
| 13 | | (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
| 14 | | (Text of Section before amendment by P.A. 100-987 )
| 15 | | Sec. 11-605. Special speed limit while passing schools.
| 16 | | (a) For the purpose of this Section, "school" means the | 17 | | following
entities:
| 18 | | (1) A public or private primary or secondary school.
| 19 | | (2) A primary or secondary school operated by a | 20 | | religious institution.
| 21 | | (3) A public, private, or religious nursery school.
| 22 | | On a school day when school children are present and so |
| | | HB3843 | - 2 - | LRB101 12393 TAE 60440 b |
|
| 1 | | close
thereto
that a potential hazard exists because of the | 2 | | close proximity of the motorized
traffic, no person shall drive | 3 | | a motor vehicle at a speed in excess of 20 miles
per hour while | 4 | | passing a school zone or while traveling on a roadway on public
| 5 | | school property or upon any public
thoroughfare where children | 6 | | pass going
to and from school.
| 7 | | For the purpose of this Section a school day shall begin at | 8 | | 6:30 a.m. seven ante
meridian and shall conclude at 4 p.m. four | 9 | | post meridian.
| 10 | | This Section shall not be applicable unless appropriate | 11 | | signs are posted
upon streets and highways under their | 12 | | respective jurisdiction and
maintained by the Department, | 13 | | township, county, park district, city,
village or incorporated | 14 | | town wherein the school zone is located. With regard
to the | 15 | | special speed limit while passing schools, such signs
shall | 16 | | give proper due warning that a school zone is being approached | 17 | | and
shall indicate the school zone and the maximum speed limit | 18 | | in effect during
school days when school children are present.
| 19 | | (b) (Blank).
| 20 | | (c) Nothing in this Chapter shall
prohibit the use of | 21 | | electronic speed-detecting devices within 500 feet of
signs | 22 | | within a special school speed zone indicating such zone, as | 23 | | defined
in this Section, nor shall evidence obtained thereby be | 24 | | inadmissible in any
prosecution for speeding provided the use | 25 | | of such device shall apply only
to the enforcement of the speed | 26 | | limit in such special school speed zone.
|
| | | HB3843 | - 3 - | LRB101 12393 TAE 60440 b |
|
| 1 | | (d) (Blank).
| 2 | | (e) Except as provided in subsection (e-5), a person who | 3 | | violates this Section is guilty of a petty
offense. Violations | 4 | | of this Section are punishable with a minimum fine
of $150 for | 5 | | the first violation and a minimum fine of $300 for the second | 6 | | or subsequent violation.
| 7 | | (e-5) A person committing a violation of this Section is | 8 | | guilty of aggravated special speed limit while passing schools | 9 | | when he or she drives a motor vehicle at a speed that is: | 10 | | (1) 26 miles per hour or more but less than 35 miles | 11 | | per hour in excess of the applicable special speed limit | 12 | | established under this Section or a similar provision of a | 13 | | local ordinance and is guilty of a Class B misdemeanor; or | 14 | | (2) 35 miles per hour or more in excess of the | 15 | | applicable special speed limit established under this | 16 | | Section or a similar provision of a local ordinance and is | 17 | | guilty of a Class A misdemeanor. | 18 | | (f) When a fine for a violation of subsection (a) is $150 | 19 | | or greater,
the person who violates subsection (a) shall be | 20 | | charged an additional
$50 to be paid to the unit school
| 21 | | district where the
violation
occurred for school safety | 22 | | purposes. If the violation occurred in a dual
school district,
| 23 | | $25 of the surcharge shall be paid to the elementary school | 24 | | district for school
safety
purposes and $25 of the surcharge | 25 | | shall be paid to the high school district for
school
safety | 26 | | purposes. Notwithstanding any other provision of law, the |
| | | HB3843 | - 4 - | LRB101 12393 TAE 60440 b |
|
| 1 | | entire $50
surcharge
shall be paid to the appropriate school | 2 | | district or districts.
| 3 | | For purposes of this subsection (f), "school safety | 4 | | purposes" includes the
costs
associated with school zone safety | 5 | | education, the Safe Routes to School Program under Section | 6 | | 2705-317 of the Department of Transportation Law of the Civil | 7 | | Administrative Code of Illinois, safety programs within the | 8 | | School Safety and Educational Improvement Block Grant Program | 9 | | under Section 2-3.51.5 of the School Code, and
the purchase, | 10 | | installation, and maintenance of caution lights
which are
| 11 | | mounted on school speed zone signs.
| 12 | | (g) (Blank).
| 13 | | (h) (Blank).
| 14 | | (Source: P.A. 99-212, eff. 1-1-16 .)
| 15 | | (Text of Section after amendment by P.A. 100-987 )
| 16 | | Sec. 11-605. Special speed limit while passing schools.
| 17 | | (a) For the purpose of this Section, "school" means the | 18 | | following
entities:
| 19 | | (1) A public or private primary or secondary school.
| 20 | | (2) A primary or secondary school operated by a | 21 | | religious institution.
| 22 | | (3) A public, private, or religious nursery school.
| 23 | | On a school day when school children are present and so | 24 | | close
thereto
that a potential hazard exists because of the | 25 | | close proximity of the motorized
traffic, no person shall drive |
| | | HB3843 | - 5 - | LRB101 12393 TAE 60440 b |
|
| 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 | | 6:30 a.m. seven ante
meridian and shall conclude at 4 p.m. four | 7 | | post meridian.
| 8 | | This Section shall not be applicable unless appropriate | 9 | | signs are posted
upon streets and highways under their | 10 | | respective jurisdiction and
maintained by the Department, | 11 | | township, county, park district, city,
village or incorporated | 12 | | town wherein the school zone is located. With regard
to the | 13 | | special speed limit while passing schools, such signs
shall | 14 | | give proper due warning that a school zone is being approached | 15 | | and
shall indicate the school zone and the maximum speed limit | 16 | | in effect during
school days when school children are present.
| 17 | | (b) (Blank).
| 18 | | (c) Nothing in this Chapter shall
prohibit the use of | 19 | | electronic speed-detecting devices within 500 feet of
signs | 20 | | within a special school speed zone indicating such zone, as | 21 | | defined
in this Section, nor shall evidence obtained thereby be | 22 | | inadmissible in any
prosecution for speeding provided the use | 23 | | of such device shall apply only
to the enforcement of the speed | 24 | | limit in such special school speed zone.
| 25 | | (d) (Blank).
| 26 | | (e) Except as provided in subsection (e-5), a person who |
| | | HB3843 | - 6 - | LRB101 12393 TAE 60440 b |
|
| 1 | | violates this Section is guilty of a petty
offense. Violations | 2 | | of this Section are punishable with a minimum fine
of $150 for | 3 | | the first violation and a minimum fine of $300 for the second | 4 | | or subsequent violation.
| 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) (Blank).
| 17 | | (g) (Blank).
| 18 | | (h) (Blank).
| 19 | | (Source: P.A. 99-212, eff. 1-1-16; 100-987, eff. 7-1-19.)
| 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section | 23 | | represented by multiple versions), the use of that text does | 24 | | not accelerate or delay the taking effect of (i) the changes | 25 | | made by this Act or (ii) provisions derived from any other |
| | | HB3843 | - 7 - | LRB101 12393 TAE 60440 b |
|
| 1 | | Public Act.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
|
|