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| [ Senate Amendment 001 ] |
90_HB2466ham001
LRB9008112WHpkam
1 AMENDMENT TO HOUSE BILL 2466
2 AMENDMENT NO. . Amend House Bill 2466 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Section 11-203 and adding Section 11-203.1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 11-203 and adding Section 11-203.1 as
10 follows:
11 (625 ILCS 5/11-203) (from Ch. 95 1/2, par. 11-203)
12 Sec. 11-203. Obedience to police officers. No person
13 shall wilfully fail or refuse to comply with any lawful order
14 or direction of any police officer or, fireman or uniformed
15 adult school crossing guard invested by law with authority to
16 direct, control, or regulate traffic.
17 (Source: P.A. 84-873.)
18 (625 ILCS 5/11-203.1 new)
19 Sec. 11-203.1. Obedience to a uniformed adult school
20 crossing guard.
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1 (a) No person shall willfully fail or refuse to comply
2 with any lawful order or direction of any uniformed adult
3 school crossing guard invested by law with authority to
4 direct, control, or regulate traffic.
5 (b) When a person is convicted of a violation of
6 subsection (a) of this Section, the court shall report the
7 conviction to the Secretary as required by Section 6-204 of
8 this Code. Upon receipt of the report of conviction, the
9 Secretary shall suspend for a period of 3 months the driving
10 privileges of the person. However, the Secretary shall
11 suspend for a period of one year the driving privileges of
12 any person convicted of a second or subsequent violation of
13 subsection (a) of this Section or a similar provision of a
14 local ordinance if the second or subsequent violation occurs
15 within 5 years of a prior conviction for the same offense. In
16 addition to the suspensions authorized by this Section, any
17 person convicted of violating subsection (a) of this Section
18 is guilty of a petty offense and shall be subject to a
19 mandatory fine of $150 or, upon a second or subsequent
20 violation, $500. The Secretary may also grant, for the
21 duration of any suspension issued under this subsection (b),
22 a restricted driving permit granting the privilege of driving
23 a motor vehicle between the driver's residence and place of
24 employment or within other proper limits that the Secretary
25 shall find necessary to avoid any undue hardship. A
26 restricted driving permit issued under this subsection (b)
27 shall be subject to cancellation, revocation, and suspension
28 by the Secretary in like manner and for like cause as a
29 driver's license may be canceled, revoked, or suspended;
30 except that a conviction upon one or more offenses against
31 laws or ordinances regulating the movement of traffic shall
32 be deemed sufficient cause for the revocation, suspension, or
33 cancellation of the restricted driving permit. The Secretary
34 may, as a condition to the issuance of a restricted driving
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1 permit, require the applicant to participate in a designated
2 driver remedial or rehabilitative program. Any conviction for
3 a violation of subsection (a) of this Section shall be
4 included as an offense for the purposes of determining
5 suspension action under any other provision of this Code;
6 however, the penalties provided under this subsection (b)
7 shall be imposed unless the penalties imposed under the other
8 applicable provisions are greater.
9 (c) The owner of any vehicle whose operator is alleged to
10 have violated subsection (a) of this Section shall, upon
11 appropriate demand by the State's Attorney or other
12 authorized prosecutor acting in response to a signed
13 complaint, provide a written statement or deposition
14 identifying the operator of the vehicle if the operator at
15 the time of the alleged violation was not the owner. Failure
16 to supply this information shall be construed to be the same
17 as a violation of subsection (a) of this Section and shall be
18 subject to the penalties provided in subsection (b) of this
19 Section. If the owner has assigned control for the use of the
20 vehicle to another, the person to whom control was assigned
21 shall comply with the provisions of this subsection (c) and
22 be subject to the penalties provided in subsection (b) of
23 this Section.".