Full Text of HB5884 100th General Assembly
HB5884 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5884 Introduced 5/22/2018, by Rep. Jerry Lee Long SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-1414 | from Ch. 95 1/2, par. 11-1414 |
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Amends the Illinois Vehicle Code. Provides that the Act may be referred to as the Gina Nuske Act. Provides that the Secretary of State shall suspend the driving privileges for 6 months (rather than 3 months) for a first offense and for 2 years (rather than one year) for a second or subsequent conviction for approaching, overtaking, or passing a school bus while the school bus is stopped for the purpose or receiving or discharging pupils or the visual signals are still in operation. Provides that any person convicted of such a violation shall be fined $500 (rather than $150) for the first violation and $1,000 (rather than $500) for a second or subsequent violation. Effective immediately.
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| | A BILL FOR |
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| 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. References to Act. This Act may be referred to | 5 | | as the Gina Nuske Act. | 6 | | Section 5. The Illinois Vehicle Code is amended by changing | 7 | | Section 11-1414 as follows:
| 8 | | (625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
| 9 | | Sec. 11-1414. Approaching, overtaking, and passing school | 10 | | bus.
| 11 | | (a) The driver of a vehicle shall stop such vehicle before | 12 | | meeting or
overtaking, from either direction, any school bus | 13 | | stopped on a highway, roadway, private road, parking lot, | 14 | | school property, or at any other location, including, without | 15 | | limitation, a location that is not a highway or roadway for
the | 16 | | purpose of receiving or discharging pupils. Such stop is | 17 | | required before
reaching the school bus when there is in | 18 | | operation on the school
bus the visual signals as specified in | 19 | | Sections 12-803 and 12-805 of this
Code. The driver of the | 20 | | vehicle shall not proceed until the
school bus resumes motion | 21 | | or the driver of the vehicle is signaled by the
school bus | 22 | | driver to proceed or the visual signals are no longer actuated.
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| 1 | | (b) The stop signal arm required by Section 12-803 of this | 2 | | Code shall
be extended after the school bus has come to a | 3 | | complete stop for the purpose of
loading or discharging pupils | 4 | | and shall be closed before the school bus
is placed in motion | 5 | | again. The stop signal arm shall
not be extended at any other | 6 | | time.
| 7 | | (c) The alternately flashing red signal lamps of an
8-lamp | 8 | | flashing signal system required by Section 12-805 of this Code
| 9 | | shall be actuated after the school bus has come to a complete | 10 | | stop for the
purpose of
loading or discharging pupils and shall | 11 | | be turned off before
the school bus is placed in motion again. | 12 | | The red signal
lamps shall not be actuated at any other time
| 13 | | except as provided in paragraph (d) of this Section.
| 14 | | (d) The alternately flashing amber signal lamps of an | 15 | | 8-lamp
flashing signal system required by Section 12-805 of | 16 | | this
Code shall be actuated continuously during not less than | 17 | | the last 100
feet traveled by the school bus before stopping | 18 | | for the purpose of loading
or discharging pupils within an | 19 | | urban area and during not less than
the last 200 feet traveled | 20 | | by the school
bus outside an urban area. The amber signal lamps | 21 | | shall remain actuated
until the school
bus is stopped. The | 22 | | amber signal lamps shall not be actuated at any other time.
| 23 | | (d-5) The alternately flashing head lamps permitted by | 24 | | Section 12-805 of
this Code may be operated while the | 25 | | alternately flashing red or amber signal
lamps required by that | 26 | | Section are actuated.
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| 1 | | (e) The driver of a vehicle upon a highway having 4 or more | 2 | | lanes which
permits at least 2 lanes of traffic to travel in | 3 | | opposite directions need not
stop such vehicle upon meeting a | 4 | | school bus which is stopped in the opposing
roadway; and need | 5 | | not stop such vehicle when driving upon a controlled access
| 6 | | highway when passing a school bus traveling in either direction | 7 | | that is stopped
in a loading zone
adjacent to the surfaced or | 8 | | improved part of the controlled access
highway where | 9 | | pedestrians are not permitted to cross.
| 10 | | (f) Beginning with the effective date of this amendatory | 11 | | Act of 1985,
the Secretary of State shall suspend for a period | 12 | | of 6 3 months
the driving
privileges of any person convicted of | 13 | | a violation of subsection (a) of this
Section or a similar | 14 | | provision of a local ordinance; the Secretary shall
suspend for | 15 | | a period of 2 years one year the driving privileges of any | 16 | | person convicted
of a second or subsequent violation of | 17 | | subsection (a) of this Section or a
similar provision of a | 18 | | local ordinance if the second or subsequent violation
occurs | 19 | | within 5 years of a prior conviction for the same offense. In | 20 | | addition
to the suspensions authorized by this Section, any | 21 | | person convicted of
violating this Section or a similar | 22 | | provision of a local ordinance
shall be subject to a mandatory | 23 | | fine of $500 $150 or, upon a second or subsequent
violation, | 24 | | $1,000 $500 .
The Secretary may also grant, for the duration of | 25 | | any
suspension issued under this subsection, a restricted | 26 | | driving permit
granting the privilege of driving a motor |
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| 1 | | vehicle between the driver's
residence and place of employment | 2 | | or within other proper limits that the
Secretary of State shall | 3 | | find necessary to avoid any undue hardship. A
restricted | 4 | | driving permit issued hereunder shall be subject to
| 5 | | cancellation, revocation and suspension by the Secretary of | 6 | | State in like
manner and for like cause as a driver's license | 7 | | may be cancelled, revoked
or suspended; except that a | 8 | | conviction upon one or more offenses against
laws or ordinances | 9 | | regulating the movement of traffic shall be deemed
sufficient | 10 | | cause for the revocation, suspension or cancellation of the
| 11 | | restricted driving permit. The Secretary of State may, as a | 12 | | condition to
the issuance of a restricted driving permit, | 13 | | require the applicant to
participate in a designated driver | 14 | | remedial or rehabilitative program. Any
conviction for a | 15 | | violation of this subsection shall be included as an
offense | 16 | | for the purposes of determining suspension action under any | 17 | | other
provision of this Code, provided however, that the | 18 | | penalties provided under
this subsection shall be imposed | 19 | | unless those penalties imposed under other
applicable | 20 | | provisions are greater.
| 21 | | The owner of any vehicle alleged to have violated paragraph | 22 | | (a) of this
Section shall, upon appropriate demand by the | 23 | | State's Attorney or other
designated person acting in response | 24 | | to a signed complaint, provide
a written statement or | 25 | | deposition identifying the operator of the vehicle
if such | 26 | | operator was not the owner at the time of the alleged |
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| 1 | | violation.
Failure to supply such information shall result in | 2 | | the suspension of the vehicle registration of the vehicle for a | 3 | | period of 3 months. In the event the owner has assigned control | 4 | | for the use
of the vehicle to another, the person to whom | 5 | | control was assigned shall
comply with the provisions of this | 6 | | paragraph and be subject to the same
penalties as herein | 7 | | provided.
| 8 | | (Source: P.A. 99-740, eff. 1-1-17 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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