State of Illinois
92nd General Assembly
Legislation

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92_SB1828

 
                                               LRB9211102DHgc

 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 Section 11-605 as follows:

 6        (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
 7        Sec.  11-605.  Special  speed limit while passing schools
 8    or  while   traveling   through   highway   construction   or
 9    maintenance zones.
10        (a)  For  the purpose of this Section, "school" means the
11    following entities:
12             (1)  A  public  or  private  primary  or   secondary
13        school.
14             (2)  A  primary  or  secondary  school operated by a
15        religious institution.
16             (3)  A public, private, or religious nursery school.
17        On a school day when school children are present  and  so
18    close  thereto that a potential hazard exists because  of the
19    close proximity of the motorized  traffic,  no  person  shall
20    drive  a  motor  vehicle at a speed in excess of 20 miles per
21    hour while passing a school zone or while traveling upon  any
22    public  thoroughfare  where  children  pass going to and from
23    school.
24        For the purpose of this Section a school day shall  begin
25    at  seven  ante  meridian  and  shall  conclude  at four post
26    meridian.
27        This Section shall not be applicable  unless  appropriate
28    signs  are  posted  upon  streets  and  highways  under their
29    respective jurisdiction and  maintained  by  the  Department,
30    township,   county,   park   district,   city,   village   or
31    incorporated  town  wherein  the school zone is located. With
 
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 1    regard to the special speed limit while passing schools, such
 2    signs shall give proper due warning that  a  school  zone  is
 3    being  approached  and shall indicate the school zone and the
 4    maximum speed limit in effect during school days when  school
 5    children are present.
 6        (b)  No  person  shall  operate  a  motor  vehicle  in  a
 7    construction  or maintenance zone at a speed in excess of the
 8    posted speed limit when workers are present and so  close  to
 9    the  moving traffic that a potential hazard exists because of
10    the motorized traffic.
11        (c)  Nothing in this Chapter shall prohibit  the  use  of
12    electronic  speed-detecting  devices within 500 feet of signs
13    within a special school  speed  zone  or  a  construction  or
14    maintenance  zone  indicating  such  zone, as defined in this
15    Section, nor shall evidence obtained thereby be  inadmissible
16    in  any  prosecution  for  speeding  provided the use of such
17    device shall apply only to the enforcement of the speed limit
18    in such special  school  speed  zone  or  a  construction  or
19    maintenance zone.
20        (d)  For  the  purpose of this Section, a construction or
21    maintenance zone is an area in  which  the  Department,  Toll
22    Highway  Authority,  or  local agency has determined that the
23    preexisting  established  speed  limit  through   a   highway
24    construction  or  maintenance  project  is  greater  than  is
25    reasonable or safe with respect to the conditions expected to
26    exist  in the construction or maintenance zone and has posted
27    a  lower  speed  limit  with  a   highway   construction   or
28    maintenance zone special speed limit sign.
29        Highway  construction  or  maintenance zone special speed
30    limit signs shall be of a design approved by the  Department.
31    The  signs  shall give proper due warning that a construction
32    or maintenance zone is being approached  and  shall  indicate
33    the  maximum  speed  limit  in  effect.  The signs shall also
34    state the amount of the minimum fine  for  a  violation  when
 
                            -3-                LRB9211102DHgc
 1    workers are present.
 2        (e)  A first violation of this Section is a petty offense
 3    with  a  minimum  fine  of  $150.   A  second  or  subsequent
 4    violation  of  this Section is a petty offense with a minimum
 5    fine of $300.
 6        (f)  When a fine for a violation  of  subsection  (a)  is
 7    $150 or greater, the person who violates subsection (a) shall
 8    be  charged  an  additional $50 to be paid to the unit school
 9    district where  the  violation  occurred  for  school  safety
10    purposes.   If  the  violation  occurred  in  a  dual  school
11    district,   $25  of  the  surcharge  shall  be  paid  to  the
12    elementary school district for school safety purposes and $25
13    of the surcharge shall be paid to the  high  school  district
14    for   school  safety  purposes.   Notwithstanding  any  other
15    provision of law, the entire $50 surcharge shall be  paid  to
16    the appropriate school district or districts.
17        For  purposes  of  this  subsection  (f),  "school safety
18    purposes" includes the  costs  associated  with  school  zone
19    safety   education   and   the  purchase,  installation,  and
20    maintenance of caution lights which  are  mounted  on  school
21    speed zone signs.
22        (g)  A  person  who  violates  subsection  (b)  shall  be
23    charged  an  additional  $50  to be paid to the Department of
24    Transportation and used  to  pay  police  officers  hired  to
25    patrol  construction  or  maintenance zones.  Notwithstanding
26    any other provision of law, the entire $50 surcharge shall be
27    paid to the Department of Transportation.
28    (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

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