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90_SB0936
625 ILCS 5/12-612, formerly 5/12-715
Amends provisions of the Illinois Vehicle Code
prohibiting the operation of a commercial vehicle while it is
equipped with a radar jamming device. Changes those
provisions so that the prohibition applies to operators of
all motor vehicles (rather than only commercial vehicles) and
that it applies to all devices designed or intended to jam
any speed-measurement device (rather than only radar jamming
devices). Prohibits the sale of devices designed or intended
to jam any speed-measurement device.
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1 AN ACT to amend the Illinois Vehicle Code by changing and
2 renumbering Section 12-715.
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 and renumbering Section 12-715 as follows:
7 (625 ILCS 5/12-612, formerly 5/12-715)
8 Sec. 12-612 12-715.. Possession, and use, and sale of
9 radar jamming devices prohibited.
10 (a) No person shall operate or be in actual physical
11 control of a commercial motor vehicle as defined in Section
12 6-500(6) of this Code while the motor vehicle is equipped
13 with a jamming device any instrument designed to interfere
14 with microwaves at frequencies used by police radar for the
15 purpose of monitoring vehicular speed. For purposes of this
16 Section, the term "equipped" means and includes possession or
17 use within or on a commercial motor vehicle, and "jamming
18 device" means any instrument, device, or equipment designed
19 or intended to jam or interfere in any manner with a
20 speed-measuring device operated by a peace officer.
21 (b) Notwithstanding subsection (a) of this Section, a
22 person operating a commercial motor vehicle as defined in
23 Section 6-500(6) of this Code, who possesses within the
24 vehicle a radar jamming device that is contained in a locked
25 opaque box or similar container, or that is not in the
26 passenger compartment of the vehicle, and that is not in
27 operation, shall not be in violation of subsection (a) of
28 this Section.
29 (b-1) No person may sell or offer for sale any jamming
30 device in this State.
31 (b-2) Any person found guilty of violating this Section
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1 shall be guilty of a petty offense. A minimum fine of $50
2 shall be imposed for a first offense and a minimum fine of
3 $100 for a second or subsequent offense.
4 (c) The radar jamming device or mechanism shall be
5 seized by the law enforcement officer at the time of the
6 violation. This Section shall not be construed to authorize
7 the permanent forfeiture to the State of any radar jamming
8 device or mechanism. Any jamming such device or mechanism
9 shall be taken and held for the period when needed as
10 evidence. When no longer needed for evidence, the defendant
11 may petition the court for the return of the jamming device
12 or mechanism; provided the defendant shall prove to the court
13 by a preponderance of the evidence that the jamming device or
14 mechanism will be used only for a legitimate and lawful
15 purpose.
16 (d) No commercial motor vehicle, or driver of such
17 vehicle, shall be stopped or searched by any law enforcement
18 officer solely on the basis of a violation or suspected
19 violation of this Section.
20 (Source: P.A. 87-1202; 88-45.)