92nd General Assembly
Summary of SB0172
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Senate Sponsors:
DILLARD-PHILIP.

House Sponsors:
BELLOCK-HULTGREN

Short description: 
VEH CD-AUTOMATED RR CROSSING                                               

Synopsis of Bill as introduced:
        Amends the Illinois Vehicle Code.  Provides  that  a  person  who      
   fails  to  obey  a  signal  indicating the approach of a train will be      
   sentenced to a minimum fine of $250  for  a  first  conviction  and  a      
   minimum  fine  of  $500 for each subsequent conviction.  Provides that      
   when this offense is recorded by an automated railroad grade  crossing      
   enforcement  system:  (1)  the  local  law  enforcement  agency having      
   jurisdiction shall cite the registered owner of the  vehicle  for  the      
   violation;  (2)  a  civil penalty of $250 shall be imposed for a first      
   violation, and a civil penalty of $500 shall be imposed for  a  second      
   or  subsequent  violation;  and (3) the Secretary of State may suspend      
   the registration of the vehicle for a first violation and must suspend      
   the registration of the vehicle for a second or subsequent  violation.      
   Makes other changes.  Effective immediately.                                
        SENATE AMENDMENT NO. 1.                                                
        Further amends the Illinois Vehicle Code concerning  the  offense      
   of  failing  to obey a signal indicating approach of a train when that      
   offense is recorded by  an  automated  railroad  crossing  enforcement      
   system.   Provides that if the registered owner of the vehicle was not      
   the operator of the vehicle at the time of the alleged offense, and if      
   the registered owner notifies the local law enforcement agency  having      
   jurisdiction of the name and address of the operator of the vehicle at      
   the  time  of  the  alleged  offense, the local law enforcement agency      
   having  jurisdiction  shall  then  issue  a  written  Uniform  Traffic      
   Citation to the person alleged  to  have  been  the  operator  of  the      
   vehicle  at  the  time  of  the alleged offense.  Provides that if the      
   registered owner fails to notify in writing the local law  enforcement      
   agency  having jurisdiction of the name and address of the operator of      
   the vehicle at the time of the alleged offense, the  registered  owner      
   may  be  presumed to have been the operator of the vehicle at the time      
   of the alleged offense.  Deletes language that there is  a  rebuttable      
   presumption  that  the photograph of recorded image is accurate if the      
   camera or recording instrument was in good working  order  before  and      
   after  the  alleged  offense  on  the  day  of  the  alleged  offense.      
   Provides,  instead, that there is a rebuttable presumption of accuracy      
   if the camera or recording instrument was in good working order at the      
   beginning and the end of the day  of  the  alleged  offense.   Deletes      
   language  providing  that  a  civil  penalty  will  be imposed for the      
   offense and instead, provides that a violation is a petty offense  for      
   which  a  fine  will  be  imposed.   Deletes  language  requiring  the      
   Secretary  of  State to suspend the registration of the vehicle. For a      
   second or  subsequent  offense,  gives  the  Secretary  of  State  the      
   authority  to decide whether or not to suspend the registration of the      
   motor vehicle for a period of at least 6 months.                            
 
Last action on Bill: PUBLIC ACT.............................. 92-0245

   Last action date: AUG-03-2001

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 



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