Full Text of HB5336 94th General Assembly
HB5336enr 94TH GENERAL ASSEMBLY
|
|
|
HB5336 Enrolled |
|
LRB094 19171 RLC 54748 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 2-13, 32-5.1, 32-5.2, and 32-5.5 and by adding | 6 |
| Sections 32-5.1-1 and 32-5.4-1 as follows:
| 7 |
| (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
| 8 |
| Sec. 2-13. "Peace officer". "Peace officer" means any | 9 |
| person who by
virtue of his office or public
employment is | 10 |
| vested by law with a duty to maintain public order or to make
| 11 |
| arrests for offenses, whether that duty extends to all offenses | 12 |
| or is
limited to specific offenses.
| 13 |
| For purposes of Sections concerning unlawful use of | 14 |
| weapons,
for the purposes of assisting an Illinois peace | 15 |
| officer in an arrest, or when
the commission of a felony under | 16 |
| Illinois law is directly observed by the
person, and statutes | 17 |
| involving the false personation of a peace officer, false | 18 |
| personation of a peace officer while carrying a deadly weapon, | 19 |
| and aggravated false personation of a peace officer, then | 20 |
| officers, agents or employees of the federal government
| 21 |
| commissioned by
federal statute to make arrests for violations | 22 |
| of federal criminal laws
shall be considered "peace officers" | 23 |
| under this Code, including, but not
limited to all criminal | 24 |
| investigators of:
| 25 |
| (1) The United States Department of Justice, The Federal | 26 |
| Bureau of
Investigation, The Drug Enforcement Agency and The | 27 |
| Department of
Immigration and Naturalization;
| 28 |
| (2) The United States Department of the Treasury, The | 29 |
| Secret Service,
The Bureau of Alcohol, Tobacco and Firearms and | 30 |
| The Customs Service;
| 31 |
| (3) The United States Internal Revenue Service;
| 32 |
| (4) The United States General Services Administration;
|
|
|
|
HB5336 Enrolled |
- 2 - |
LRB094 19171 RLC 54748 b |
|
| 1 |
| (5) The United States Postal Service; and
| 2 |
| (6) all United States Marshals
Marshalls or Deputy United | 3 |
| States Marshals
Marshalls whose
duties involve the enforcement | 4 |
| of federal criminal laws.
| 5 |
| (Source: P.A. 88-677, eff. 12-15-94; revised 10-13-05.)
| 6 |
| (720 ILCS 5/32-5.1) (from Ch. 38, par. 32-5.1)
| 7 |
| Sec. 32-5.1. False Personation of a Peace Officer. A | 8 |
| person who knowingly and falsely represents himself or herself
| 9 |
| to be a peace
officer of any jurisdiction commits a Class 4 | 10 |
| felony.
| 11 |
| (Source: P.A. 85-741.)
| 12 |
| (720 ILCS 5/32-5.1-1 new)
| 13 |
| Sec. 32-5.1-1. False personation of a peace officer while | 14 |
| carrying a deadly weapon. A person who knowingly and falsely | 15 |
| represents himself or herself to be a peace officer while | 16 |
| carrying a deadly weapon commits a Class 3 felony.
| 17 |
| (720 ILCS 5/32-5.2) (from Ch. 38, par. 32-5.2)
| 18 |
| Sec. 32-5.2. Aggravated False Personation of a Peace | 19 |
| Officer. A person who knowingly and falsely
represents himself | 20 |
| or herself to be a peace officer of any
jurisdiction in | 21 |
| attempting or committing a felony commits a Class 2
3 felony.
| 22 |
| (Source: P.A. 85-741.)
| 23 |
| (720 ILCS 5/32-5.4-1 new)
| 24 |
| Sec. 32-5.4-1. False personation of a fire fighter while | 25 |
| carrying a deadly weapon. A person who knowingly and falsely | 26 |
| represents himself or herself to be a fire fighter while | 27 |
| carrying a deadly weapon commits a Class 3 felony. | 28 |
| (720 ILCS 5/32-5.5) | 29 |
| Sec. 32-5.5. Aggravated false personation of a fire | 30 |
| fighter. A person who knowingly and falsely represents himself | 31 |
| or herself to be a fire fighter of any jurisdiction in |
|
|
|
HB5336 Enrolled |
- 3 - |
LRB094 19171 RLC 54748 b |
|
| 1 |
| attempting or committing a felony commits a Class 2
3 felony.
| 2 |
| (Source: P.A. 94-323, eff. 1-1-06.) | 3 |
| Section 10. The Illinois Vehicle Code is amended by | 4 |
| changing Section 12-215 as follows:
| 5 |
| (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
| 6 |
| Sec. 12-215. Oscillating, rotating or flashing lights on | 7 |
| motor vehicles. Except as otherwise provided in this Code:
| 8 |
| (a) The use of red or white oscillating, rotating or | 9 |
| flashing lights,
whether lighted or unlighted, is prohibited | 10 |
| except on:
| 11 |
| 1. Law enforcement vehicles of State, Federal or
local | 12 |
| authorities;
| 13 |
| 2. A vehicle operated by a police officer or county | 14 |
| coroner
and designated or authorized by local authorities, | 15 |
| in writing, as a law
enforcement vehicle; however, such | 16 |
| designation or authorization must
be carried in the | 17 |
| vehicle;
| 18 |
| 2.1. A vehicle operated by a fire chief who has | 19 |
| completed an emergency vehicle operation training course | 20 |
| approved by the Office of the State Fire Marshal and | 21 |
| designated or authorized by local authorities, in writing, | 22 |
| as a fire department, fire protection district, or township | 23 |
| fire department vehicle; however, the designation or | 24 |
| authorization must
be carried in the vehicle, and the | 25 |
| lights may be visible or activated only when responding to | 26 |
| a bona fide emergency;
| 27 |
| 3. Vehicles of local fire departments and State or | 28 |
| federal
firefighting vehicles;
| 29 |
| 4. Vehicles which are designed and used exclusively as | 30 |
| ambulances
or rescue vehicles; furthermore, such lights | 31 |
| shall not be lighted except
when responding to an emergency | 32 |
| call for and while actually conveying the
sick or injured;
| 33 |
| 5. Tow trucks licensed in a state that requires such | 34 |
| lights;
furthermore, such lights shall not be lighted on |
|
|
|
HB5336 Enrolled |
- 4 - |
LRB094 19171 RLC 54748 b |
|
| 1 |
| any such tow truck while the
tow truck is
operating in the | 2 |
| State of Illinois;
| 3 |
| 6. Vehicles of the Illinois Emergency Management | 4 |
| Agency, vehicles of the Illinois Department of Public | 5 |
| Health, and vehicles of
the
Department of Nuclear Safety;
| 6 |
| 7. Vehicles operated by a local or county emergency | 7 |
| management
services agency as defined in the Illinois | 8 |
| Emergency
Management Agency Act;
| 9 |
| 8. School buses operating alternately flashing head | 10 |
| lamps as permitted
under Section 12-805 of this Code; and
| 11 |
| 9. Vehicles that are equipped and used exclusively as | 12 |
| organ transplant
vehicles when used in combination with | 13 |
| blue oscillating, rotating, or flashing
lights; | 14 |
| furthermore, these lights shall be lighted only when the | 15 |
| transportation
is declared an emergency by a member of the | 16 |
| transplant team or a representative
of the organ | 17 |
| procurement organization. | 18 |
| (b) The use of amber oscillating, rotating or flashing | 19 |
| lights, whether
lighted or unlighted, is prohibited except on:
| 20 |
| 1. Second division vehicles designed and used for | 21 |
| towing or hoisting
vehicles; furthermore, such lights | 22 |
| shall not be lighted except as
required in
this paragraph | 23 |
| 1; such lights shall be lighted
when such vehicles are | 24 |
| actually being
used at the scene of an accident or
| 25 |
| disablement; if the towing vehicle is equipped with a flat | 26 |
| bed that
supports all wheels of the vehicle being | 27 |
| transported, the lights shall not be
lighted while the | 28 |
| vehicle is engaged in towing on a highway; if the towing
| 29 |
| vehicle is not equipped with a flat bed that supports all | 30 |
| wheels of a vehicle
being transported, the lights shall be | 31 |
| lighted while the
towing
vehicle is engaged in towing on a | 32 |
| highway during all
times when the use
of headlights is | 33 |
| required under Section 12-201 of this Code;
| 34 |
| 2. Motor vehicles or equipment of the State of | 35 |
| Illinois, local authorities
and contractors; furthermore, | 36 |
| such lights shall not be lighted except while
such vehicles |
|
|
|
HB5336 Enrolled |
- 5 - |
LRB094 19171 RLC 54748 b |
|
| 1 |
| are engaged in maintenance or construction operations | 2 |
| within
the limits of construction projects;
| 3 |
| 3. Vehicles or equipment used by engineering or survey | 4 |
| crews;
furthermore, such lights shall not be lighted except | 5 |
| while such vehicles
are actually engaged in work on a | 6 |
| highway;
| 7 |
| 4. Vehicles of public utilities, municipalities, or | 8 |
| other
construction, maintenance or automotive service | 9 |
| vehicles except that such
lights shall be lighted only as a | 10 |
| means for indicating the presence of a
vehicular traffic | 11 |
| hazard requiring unusual care in approaching, overtaking
| 12 |
| or passing while such vehicles are engaged in maintenance, | 13 |
| service or
construction on a highway;
| 14 |
| 5. Oversized vehicle or load; however, such lights | 15 |
| shall only be lighted
when moving under permit issued by | 16 |
| the Department under Section 15-301
of this Code;
| 17 |
| 6. The front and rear of motorized equipment owned and | 18 |
| operated by the
State of Illinois or any political | 19 |
| subdivision thereof, which is designed
and used for removal | 20 |
| of snow and ice from highways;
| 21 |
| (6.1) The front and rear of motorized equipment or | 22 |
| vehicles that (i) are not owned by the State of Illinois or | 23 |
| any political subdivision of the State, (ii) are designed | 24 |
| and used for removal of snow and ice from highways and | 25 |
| parking lots, and (iii) are equipped with a snow plow that | 26 |
| is 12 feet in width; these lights may not be lighted except | 27 |
| when the motorized equipment or vehicle is actually being | 28 |
| used for those purposes on behalf of a unit of government;
| 29 |
| 7. Fleet safety vehicles registered in another state, | 30 |
| furthermore, such
lights shall not be lighted except as | 31 |
| provided for in Section 12-212 of
this Code;
| 32 |
| 8. Such other vehicles as may be authorized by local | 33 |
| authorities;
| 34 |
| 9. Law enforcement vehicles of State or local | 35 |
| authorities when used in
combination with red oscillating, | 36 |
| rotating or flashing lights;
|
|
|
|
HB5336 Enrolled |
- 6 - |
LRB094 19171 RLC 54748 b |
|
| 1 |
| 9.5. Propane delivery trucks;
| 2 |
| 10. Vehicles used for collecting or delivering mail for | 3 |
| the
United States Postal Service provided that such lights | 4 |
| shall not be lighted
except when such vehicles are actually | 5 |
| being used for such purposes;
| 6 |
| 11. Any vehicle displaying a slow-moving vehicle | 7 |
| emblem as
provided in Section 12-205.1;
| 8 |
| 12. All trucks equipped with self-compactors or | 9 |
| roll-off hoists and
roll-on containers for garbage or | 10 |
| refuse hauling. Such lights shall not be
lighted except | 11 |
| when such vehicles are actually being used for such | 12 |
| purposes;
| 13 |
| 13. Vehicles used by a security company, alarm | 14 |
| responder, or control
agency;
| 15 |
| 14. Security vehicles of the Department of Human | 16 |
| Services; however, the
lights shall not be lighted except | 17 |
| when being used for security related
purposes under the | 18 |
| direction of the superintendent of the facility where the
| 19 |
| vehicle is located; and
| 20 |
| 15. Vehicles of union representatives, except that the | 21 |
| lights shall be
lighted only while the vehicle is within | 22 |
| the limits of a construction
project.
| 23 |
| (c) The use of blue oscillating, rotating or flashing | 24 |
| lights, whether
lighted or unlighted, is prohibited except on:
| 25 |
| 1. Rescue squad vehicles not owned by a fire department | 26 |
| and
vehicles owned or operated by a:
| 27 |
| voluntary firefighter;
| 28 |
| paid firefighter;
| 29 |
| part-paid firefighter;
| 30 |
| call firefighter;
| 31 |
| member of the board of trustees of a fire | 32 |
| protection district;
| 33 |
| paid or unpaid member of a rescue squad;
| 34 |
| paid or unpaid member of a voluntary ambulance | 35 |
| unit; or
| 36 |
| paid or unpaid members of a local or county |
|
|
|
HB5336 Enrolled |
- 7 - |
LRB094 19171 RLC 54748 b |
|
| 1 |
| emergency management
services agency as defined in the | 2 |
| Illinois Emergency Management Agency Act,
designated | 3 |
| or authorized by local authorities, in writing, and | 4 |
| carrying that
designation or authorization in the | 5 |
| vehicle.
| 6 |
| However, such lights are not to be lighted except when | 7 |
| responding to a
bona fide emergency.
| 8 |
| Any person using these lights in accordance with this | 9 |
| subdivision (c)1 must carry on his or her person an | 10 |
| identification card or letter identifying the bona fide | 11 |
| member of a fire department, fire protection district, | 12 |
| rescue squad, ambulance unit, or emergency management | 13 |
| services agency that owns or operates that vehicle. The | 14 |
| card or letter must include: | 15 |
| (A) the name of the fire department, fire | 16 |
| protection district, rescue squad, ambulance unit, or | 17 |
| emergency management services agency; | 18 |
| (B) the member's position within the fire | 19 |
| department, fire protection district, rescue squad, | 20 |
| ambulance unit, or emergency management services | 21 |
| agency; | 22 |
| (C) the member's term of service; and | 23 |
| (D) the name of a person within the fire | 24 |
| department, fire protection district, rescue squad, | 25 |
| ambulance unit, or emergency management services | 26 |
| agency to contact to verify the information provided.
| 27 |
| 2. Police department vehicles in cities having a | 28 |
| population of 500,000
or more inhabitants.
| 29 |
| 3. Law enforcement vehicles of State or local | 30 |
| authorities when used in
combination with red oscillating, | 31 |
| rotating or flashing lights.
| 32 |
| 4. Vehicles of local fire departments and State or | 33 |
| federal
firefighting vehicles when used in combination | 34 |
| with red oscillating,
rotating or flashing lights.
| 35 |
| 5. Vehicles which are designed and used exclusively as | 36 |
| ambulances or
rescue vehicles when used in combination with |
|
|
|
HB5336 Enrolled |
- 8 - |
LRB094 19171 RLC 54748 b |
|
| 1 |
| red oscillating, rotating or
flashing lights; furthermore, | 2 |
| such lights shall not be lighted except when
responding to | 3 |
| an emergency call.
| 4 |
| 6. Vehicles that are equipped and used exclusively as | 5 |
| organ transport
vehicles when used in combination with red | 6 |
| oscillating, rotating, or flashing
lights; furthermore, | 7 |
| these lights shall only be lighted when the transportation
| 8 |
| is declared an emergency by a member of the transplant team | 9 |
| or a
representative of the organ procurement organization.
| 10 |
| 7. Vehicles of the Illinois Emergency Management | 11 |
| Agency, vehicles of the Illinois Department of Public | 12 |
| Health, and vehicles of
the
Department of Nuclear Safety, | 13 |
| when used in combination with red oscillating,
rotating, or | 14 |
| flashing lights.
| 15 |
| 8. Vehicles operated by a local or county emergency | 16 |
| management
services agency as defined in the Illinois | 17 |
| Emergency Management Agency
Act, when used in combination | 18 |
| with red oscillating, rotating, or
flashing lights.
| 19 |
| (c-1) In addition to the blue oscillating, rotating, or | 20 |
| flashing
lights permitted under subsection (c), and | 21 |
| notwithstanding subsection
(a), a vehicle operated by a | 22 |
| voluntary firefighter, a voluntary member
of a rescue squad, or | 23 |
| a member of a voluntary ambulance unit may be
equipped with | 24 |
| flashing white headlights and blue grill lights, which may
be | 25 |
| used only in responding to an emergency call.
| 26 |
| (c-2) In addition to the blue oscillating, rotating, or | 27 |
| flashing
lights permitted under subsection (c), and | 28 |
| notwithstanding subsection (a),
a vehicle operated by a paid or | 29 |
| unpaid member of a local or county
emergency management | 30 |
| services agency as defined in the Illinois Emergency
Management | 31 |
| Agency Act, may be equipped with white oscillating, rotating,
| 32 |
| or flashing lights to be used in combination with blue | 33 |
| oscillating, rotating,
or flashing lights, if authorization by | 34 |
| local authorities is in
writing and carried in the vehicle.
| 35 |
| (d) The use of a combination of amber and white | 36 |
| oscillating, rotating or
flashing lights, whether lighted or |
|
|
|
HB5336 Enrolled |
- 9 - |
LRB094 19171 RLC 54748 b |
|
| 1 |
| unlighted, is prohibited except motor
vehicles or equipment of | 2 |
| the State of Illinois, local authorities, contractors,
and | 3 |
| union representatives may be so equipped; furthermore, such | 4 |
| lights shall
not be lighted on vehicles of the State of | 5 |
| Illinois, local authorities, and
contractors except while such | 6 |
| vehicles are engaged in highway maintenance or
construction | 7 |
| operations within the limits of highway construction projects, | 8 |
| and
shall not be lighted on the vehicles of union | 9 |
| representatives except when those
vehicles are within the | 10 |
| limits of a construction project.
| 11 |
| (e) All oscillating, rotating or flashing lights referred | 12 |
| to in this Section
shall be of sufficient intensity, when | 13 |
| illuminated, to be visible at 500
feet in normal sunlight.
| 14 |
| (f) Nothing in this Section shall prohibit a manufacturer | 15 |
| of oscillating,
rotating or flashing lights or his | 16 |
| representative from temporarily mounting
such lights on a | 17 |
| vehicle for demonstration purposes only.
| 18 |
| (g) Any person violating the provisions of subsections (a), | 19 |
| (b), (c) or (d)
of this Section who without lawful authority | 20 |
| stops or detains or attempts
to stop or detain another person | 21 |
| shall be guilty of a Class 2
4 felony.
| 22 |
| (h) Except as provided in subsection (g) above, any person | 23 |
| violating the
provisions of subsections (a) or (c) of this | 24 |
| Section shall be guilty of a
Class A misdemeanor.
| 25 |
| (Source: P.A. 93-181, eff. 1-1-04; 93-725, eff. 1-1-05; 93-794, | 26 |
| eff. 7-22-04; 93-829, eff. 7-28-04; 94-143, eff. 1-1-06; | 27 |
| 94-270, eff. 1-1-06; 94-331, eff. 1-1-06; revised 8-19-05.)
| 28 |
| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
|
|