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90_HB2466eng
625 ILCS 5/11-203 from Ch. 95 1/2, par. 11-203
Amends the Illinois Vehicle Code. Requires the Secretary
of State to suspend the driving privileges of a person
convicted for wilfully failing or refusing to comply with any
lawful order or direction of any school crossing guard
invested by law with authority to direct, control or regulate
traffic. Provides that the person shall also be subject to a
mandatory fine. Allows the Secretary to grant the person a
restricted driving permit. Provides that the owner of a
vehicle alleged to have disobeyed a crossing guard shall,
upon demand by a prosecutor, provide a written statement or
deposition identifying the operator of the vehicle if the
operator was not the owner. Effective immediately.
LRB9008112NTsbA
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-203 and adding Section 11-203.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-203 and adding Section 11-203.1 as
7 follows:
8 (625 ILCS 5/11-203) (from Ch. 95 1/2, par. 11-203)
9 Sec. 11-203. Obedience to police officers. No person
10 shall wilfully fail or refuse to comply with any lawful order
11 or direction of any police officer or, fireman or uniformed
12 adult school crossing guard invested by law with authority to
13 direct, control, or regulate traffic.
14 (Source: P.A. 84-873.)
15 (625 ILCS 5/11-203.1 new)
16 Sec. 11-203.1. Obedience to a uniformed adult school
17 crossing guard.
18 (a) No person shall willfully fail or refuse to comply
19 with any lawful order or direction of any uniformed adult
20 school crossing guard invested by law with authority to
21 direct, control, or regulate traffic.
22 (b) When a person is convicted of a violation of
23 subsection (a) of this Section, the court shall report the
24 conviction to the Secretary as required by Section 6-204 of
25 this Code. Upon receipt of the report of conviction, the
26 Secretary shall suspend for a period of 3 months the driving
27 privileges of the person. However, the Secretary shall
28 suspend for a period of one year the driving privileges of
29 any person convicted of a second or subsequent violation of
30 subsection (a) of this Section or a similar provision of a
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1 local ordinance if the second or subsequent violation occurs
2 within 5 years of a prior conviction for the same offense. In
3 addition to the suspensions authorized by this Section, any
4 person convicted of violating subsection (a) of this Section
5 is guilty of a petty offense and shall be subject to a
6 mandatory fine of $150 or, upon a second or subsequent
7 violation, $500. The Secretary may also grant, for the
8 duration of any suspension issued under this subsection (b),
9 a restricted driving permit granting the privilege of driving
10 a motor vehicle between the driver's residence and place of
11 employment or within other proper limits that the Secretary
12 shall find necessary to avoid any undue hardship. A
13 restricted driving permit issued under this subsection (b)
14 shall be subject to cancellation, revocation, and suspension
15 by the Secretary in like manner and for like cause as a
16 driver's license may be canceled, revoked, or suspended;
17 except that a conviction upon one or more offenses against
18 laws or ordinances regulating the movement of traffic shall
19 be deemed sufficient cause for the revocation, suspension, or
20 cancellation of the restricted driving permit. The Secretary
21 may, as a condition to the issuance of a restricted driving
22 permit, require the applicant to participate in a designated
23 driver remedial or rehabilitative program. Any conviction for
24 a violation of subsection (a) of this Section shall be
25 included as an offense for the purposes of determining
26 suspension action under any other provision of this Code;
27 however, the penalties provided under this subsection (b)
28 shall be imposed unless the penalties imposed under the other
29 applicable provisions are greater.
30 (c) The owner of any vehicle whose operator is alleged to
31 have violated subsection (a) of this Section shall, upon
32 appropriate demand by the State's Attorney or other
33 authorized prosecutor acting in response to a signed
34 complaint, provide a written statement or deposition
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1 identifying the operator of the vehicle if the operator at
2 the time of the alleged violation was not the owner. Failure
3 to supply this information shall be construed to be the same
4 as a violation of subsection (a) of this Section and shall be
5 subject to the penalties provided in subsection (b) of this
6 Section. If the owner has assigned control for the use of the
7 vehicle to another, the person to whom control was assigned
8 shall comply with the provisions of this subsection (c) and
9 be subject to the penalties provided in subsection (b) of
10 this Section.