State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]


92_SB1808

 
                                               LRB9215763DHgc

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Sections 1-126 and 11-605 as follows:

 6        (625 ILCS 5/1-126) (from Ch. 95 1/2, par. 1-126)
 7        Sec. 1-126. Highway.
 8        The  entire width between the boundary lines of every way
 9    publicly maintained when any part thereof is open to the  use
10    of  the public for purposes of vehicular travel or located on
11    school property.
12    (Source: P.A. 76-1586.)

13        (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
14        Sec. 11-605. Special speed limit while passing schools or
15    while traveling through highway construction  or  maintenance
16    zones.
17        (a)  For  the purpose of this Section, "school" means the
18    following entities:
19             (1)  A  public  or  private  primary  or   secondary
20        school.
21             (2)  A  primary  or  secondary  school operated by a
22        religious institution.
23             (3)  A public, private, or religious nursery school.
24        On a school day when school children are present  and  so
25    close  thereto that a potential hazard exists because  of the
26    close proximity of the motorized  traffic,  no  person  shall
27    drive  a  motor  vehicle at a speed in excess of 20 miles per
28    hour while passing a school zone  or  while  traveling  on  a
29    roadway  on  school  property or upon any public thoroughfare
30    where children pass going to and from school.
 
                            -2-                LRB9215763DHgc
 1        For the purpose of this Section a school day shall  begin
 2    at  seven  ante  meridian  and  shall  conclude  at four post
 3    meridian.
 4        This Section shall not be applicable  unless  appropriate
 5    signs  are  posted  upon  streets  and  highways  under their
 6    respective jurisdiction and  maintained  by  the  Department,
 7    township,   county,   park   district,   city,   village   or
 8    incorporated  town  wherein  the school zone is located. With
 9    regard to the special speed limit while passing schools, such
10    signs shall give proper due warning that  a  school  zone  is
11    being  approached  and shall indicate the school zone and the
12    maximum speed limit in effect during school days when  school
13    children are present.
14        (b)  No  person  shall  operate  a  motor  vehicle  in  a
15    construction  or maintenance zone at a speed in excess of the
16    posted speed limit when workers are present and so  close  to
17    the  moving traffic that a potential hazard exists because of
18    the motorized traffic.
19        (c)  Nothing in this Chapter shall prohibit  the  use  of
20    electronic  speed-detecting  devices within 500 feet of signs
21    within a special school  speed  zone  or  a  construction  or
22    maintenance  zone  indicating  such  zone, as defined in this
23    Section, nor shall evidence obtained thereby be  inadmissible
24    in  any  prosecution  for  speeding  provided the use of such
25    device shall apply only to the enforcement of the speed limit
26    in such special  school  speed  zone  or  a  construction  or
27    maintenance zone.
28        (d)  For  the  purpose of this Section, a construction or
29    maintenance zone is an area in  which  the  Department,  Toll
30    Highway  Authority,  or  local agency has determined that the
31    preexisting  established  speed  limit  through   a   highway
32    construction  or  maintenance  project  is  greater  than  is
33    reasonable or safe with respect to the conditions expected to
34    exist  in the construction or maintenance zone and has posted
 
                            -3-                LRB9215763DHgc
 1    a  lower  speed  limit  with  a   highway   construction   or
 2    maintenance zone special speed limit sign.
 3        Highway  construction  or  maintenance zone special speed
 4    limit signs shall be of a design approved by the  Department.
 5    The  signs  shall give proper due warning that a construction
 6    or maintenance zone is being approached  and  shall  indicate
 7    the  maximum  speed  limit  in  effect.  The signs shall also
 8    state the amount of the minimum fine  for  a  violation  when
 9    workers are present.
10        (e)  A first violation of this Section is a petty offense
11    with  a  minimum  fine  of  $150.   A  second  or  subsequent
12    violation  of  this Section is a petty offense with a minimum
13    fine of $300.
14        (f)  When a fine for a violation  of  subsection  (a)  is
15    $150 or greater, the person who violates subsection (a) shall
16    be  charged  an  additional $50 to be paid to the unit school
17    district where  the  violation  occurred  for  school  safety
18    purposes.   If  the  violation  occurred  in  a  dual  school
19    district,   $25  of  the  surcharge  shall  be  paid  to  the
20    elementary school district for school safety purposes and $25
21    of the surcharge shall be paid to the  high  school  district
22    for   school  safety  purposes.   Notwithstanding  any  other
23    provision of law, the entire $50 surcharge shall be  paid  to
24    the appropriate school district or districts.
25        For  purposes  of  this  subsection  (f),  "school safety
26    purposes" includes the  costs  associated  with  school  zone
27    safety   education   and   the  purchase,  installation,  and
28    maintenance of caution lights which  are  mounted  on  school
29    speed zone signs.
30    (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.

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