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Public Act 103-0730
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| HB4848 Enrolled | LRB103 37935 MXP 68067 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by |
changing Section 15-109.1 as follows:
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(625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1) |
Sec. 15-109.1. Covers or tarpaulins required for certain |
loads. |
(a) No person shall operate or cause to be operated, on a |
highway, any second division vehicle loaded with dirt, |
aggregate, garbage, refuse, or other similar material, when |
any portion of the load is falling, sifting, blowing, dropping |
or in any way escaping from the vehicle. |
(b) No person shall operate or cause to be operated, on a |
highway, any second division vehicle having a gross vehicle |
weight rating of 8,000 pounds or more loaded with dirt, |
aggregate, garbage, refuse, or other similar material in or on |
any part of the vehicle other than in the cargo area. In |
addition, no person shall operate on any highway, such vehicle |
unless the tailgate on the vehicle is in good repair and |
operating condition and closes securely so as to prevent any |
load, residue, or other material from escaping. |
(c) This Section shall not apply to the operation of |
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highway maintenance vehicles engaged in removing snow and ice |
from the roadway, nor to implements of husbandry or other farm |
vehicles while transporting agricultural products to or from |
the original place of production. |
(d) For the purpose of this Section "aggregate" shall |
include all ores, minerals, sand, gravel, shale, coal, clay, |
limestone or any other ore or mineral which may be mined. |
(e) Notwithstanding any other penalty, whenever a police |
officer determines that the operator of a vehicle is in |
violation of this Section, as evidenced by the issuance of a |
citation for a violation of Section 15-109.1 of this Code, or |
where a police officer determines that a dangerous condition |
exists whereby any portion of the load may fall, sift, blow, |
drop, or in any way escape or fall from the vehicle, the police |
officer shall require the operator to stop the vehicle in a |
suitable place and keep such vehicle stationary until the load |
has either been reduced, secured, or covered with a cover or |
tarpaulin of sufficient size to prevent any further violation |
of this Section. |
(f) No person shall operate or cause to be operated, on a |
highway, a commercial motor vehicle, with the exception of a |
highway maintenance vehicle, transporting garbage or refuse |
unless the tailgate on the vehicle is in good working repair, |
good operating condition, and closes securely, with a cover or |
tarpaulin of sufficient size attached, so as to prevent any |
load, residue, or other material from escaping. |
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(g) Any violation of the provisions of this Section shall |
be a petty offense punishable by a fine not to exceed $150 |
$250. In addition, a person, firm, or corporation convicted of |
4 or more violations of subsection (f) within a 12-month |
period shall be fined an additional amount of $150 for the |
fourth and each subsequent conviction within the 12-month |
period. Regarding a firm or corporation, a fourth or |
subsequent conviction means a fourth or subsequent conviction |
attributable to one employee-driver. |
(Source: P.A. 91-858, eff. 1-1-01.)
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Section 10. The Criminal and Traffic Assessment Act is |
amended by changing Section 15-70 as follows:
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(705 ILCS 135/15-70) |
Sec. 15-70. Conditional assessments. In addition to |
payments under one of the Schedule of Assessments 1 through 13 |
of this Act, the court shall also order payment of any of the |
following conditional assessment amounts for each sentenced |
violation in the case to which a conditional assessment is |
applicable, which shall be collected and remitted by the Clerk |
of the Circuit Court as provided in this Section: |
(1) arson, residential arson, or aggravated arson, |
$500 per conviction to the State Treasurer for deposit |
into the Fire Prevention Fund; |
(2) child pornography under Section 11-20.1 of the |
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Criminal Code of 1961 or the Criminal Code of 2012, $500 |
per conviction, unless more than one agency is responsible |
for the arrest in which case the amount shall be remitted |
to each unit of government equally: |
(A) if the arresting agency is an agency of a unit |
of local government, $500 to the treasurer of the unit |
of local government for deposit into the unit of local |
government's General Fund, except that if the Illinois |
State Police provides digital or electronic forensic |
examination assistance, or both, to the arresting |
agency then $100 to the State Treasurer for deposit |
into the State Crime Laboratory Fund; or |
(B) if the arresting agency is the Illinois State |
Police, $500 to the State Treasurer for deposit into |
the State Crime Laboratory Fund; |
(3) crime laboratory drug analysis for a drug-related |
offense involving possession or delivery of cannabis or |
possession or delivery of a controlled substance as |
defined in the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine Control |
and Community Protection Act, $100 reimbursement for |
laboratory analysis, as set forth in subsection (f) of |
Section 5-9-1.4 of the Unified Code of Corrections; |
(4) DNA analysis, $250 on each conviction in which it |
was used to the State Treasurer for deposit into the State |
Crime Laboratory Fund as set forth in Section 5-9-1.4 of |
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the Unified Code of Corrections; |
(5) DUI analysis, $150 on each sentenced violation in |
which it was used as set forth in subsection (f) of Section |
5-9-1.9 of the Unified Code of Corrections; |
(6) drug-related offense involving possession or |
delivery of cannabis or possession or delivery of a |
controlled substance, other than methamphetamine, as |
defined in the Cannabis Control Act or the Illinois |
Controlled Substances Act, an amount not less than the |
full street value of the cannabis or controlled substance |
seized for each conviction to be disbursed as follows: |
(A) 12.5% of the street value assessment shall be |
paid into the Youth Drug Abuse Prevention Fund, to be |
used by the Department of Human Services for the |
funding of programs and services for drug-abuse |
treatment, and prevention and education services; |
(B) 37.5% to the county in which the charge was |
prosecuted, to be deposited into the county General |
Fund; |
(C) 50% to the treasurer of the arresting law |
enforcement agency of the municipality or county, or |
to the State Treasurer if the arresting agency was a |
state agency, to be deposited as provided in |
subsection (c) of Section 10-5; |
(D) if the arrest was made in combination with |
multiple law enforcement agencies, the clerk shall |
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equitably allocate the portion in subparagraph (C) of |
this paragraph (6) among the law enforcement agencies |
involved in the arrest; |
(6.5) Kane County or Will County, in felony, |
misdemeanor, local or county ordinance, traffic, or |
conservation cases, up to $30 as set by the county board |
under Section 5-1101.3 of the Counties Code upon the entry |
of a judgment of conviction, an order of supervision, or a |
sentence of probation without entry of judgment under |
Section 10 of the Cannabis Control Act, Section 410 of the |
Illinois Controlled Substances Act, Section 70 of the |
Methamphetamine Control and Community Protection Act, |
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of |
the Criminal Code of 1961 or the Criminal Code of 2012, |
Section 10-102 of the Illinois Alcoholism and Other Drug |
Dependency Act, or Section 10 of the Steroid Control Act; |
except in local or county ordinance, traffic, and |
conservation cases, if fines are paid in full without a |
court appearance, then the assessment shall not be imposed |
or collected. Distribution of assessments collected under |
this paragraph (6.5) shall be as provided in Section |
5-1101.3 of the Counties Code; |
(7) methamphetamine-related offense involving |
possession or delivery of methamphetamine or any salt of |
an optical isomer of methamphetamine or possession of a |
methamphetamine manufacturing material as set forth in |
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Section 10 of the Methamphetamine Control and Community |
Protection Act with the intent to manufacture a substance |
containing methamphetamine or salt of an optical isomer of |
methamphetamine, an amount not less than the full street |
value of the methamphetamine or salt of an optical isomer |
of methamphetamine or methamphetamine manufacturing |
materials seized for each conviction to be disbursed as |
follows: |
(A) 12.5% of the street value assessment shall be |
paid into the Youth Drug Abuse Prevention Fund, to be |
used by the Department of Human Services for the |
funding of programs and services for drug-abuse |
treatment, and prevention and education services; |
(B) 37.5% to the county in which the charge was |
prosecuted, to be deposited into the county General |
Fund; |
(C) 50% to the treasurer of the arresting law |
enforcement agency of the municipality or county, or |
to the State Treasurer if the arresting agency was a |
state agency, to be deposited as provided in |
subsection (c) of Section 10-5; |
(D) if the arrest was made in combination with |
multiple law enforcement agencies, the clerk shall |
equitably allocate the portion in subparagraph (C) of |
this paragraph (6) among the law enforcement agencies |
involved in the arrest; |
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(8) order of protection violation under Section 12-3.4 |
of the Criminal Code of 2012, $200 for each conviction to |
the county treasurer for deposit into the Probation and |
Court Services Fund for implementation of a domestic |
violence surveillance program and any other assessments or |
fees imposed under Section 5-9-1.16 of the Unified Code of |
Corrections; |
(9) order of protection violation, $25 for each |
violation to the State Treasurer, for deposit into the |
Domestic Violence Abuser Services Fund; |
(10) prosecution by the State's Attorney of a: |
(A) petty or business offense, $4 to the county |
treasurer of which $2 deposited into the State's |
Attorney Records Automation Fund and $2 into the |
Public Defender Records Automation Fund; |
(B) conservation or traffic offense, $2 to the |
county treasurer for deposit into the State's Attorney |
Records Automation Fund; |
(11) speeding in a construction zone violation, $250 |
to the State Treasurer for deposit into the Transportation |
Safety Highway Hire-back Fund, unless (i) the violation |
occurred on a highway other than an interstate highway and |
(ii) a county police officer wrote the ticket for the |
violation, in which case to the county treasurer for |
deposit into that county's Transportation Safety Highway |
Hire-back Fund; |
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(12) supervision disposition on an offense under the |
Illinois Vehicle Code or similar provision of a local |
ordinance, 50 cents, unless waived by the court, into the |
Prisoner Review Board Vehicle and Equipment Fund; |
(13) victim and offender are family or household |
members as defined in Section 103 of the Illinois Domestic |
Violence Act of 1986 and offender pleads guilty or no |
contest to or is convicted of murder, voluntary |
manslaughter, involuntary manslaughter, burglary, |
residential burglary, criminal trespass to residence, |
criminal trespass to vehicle, criminal trespass to land, |
criminal damage to property, telephone harassment, |
kidnapping, aggravated kidnaping, unlawful restraint, |
forcible detention, child abduction, indecent solicitation |
of a child, sexual relations between siblings, |
exploitation of a child, child pornography, assault, |
aggravated assault, battery, aggravated battery, heinous |
battery, aggravated battery of a child, domestic battery, |
reckless conduct, intimidation, criminal sexual assault, |
predatory criminal sexual assault of a child, aggravated |
criminal sexual assault, criminal sexual abuse, aggravated |
criminal sexual abuse, violation of an order of |
protection, disorderly conduct, endangering the life or |
health of a child, child abandonment, contributing to |
dependency or neglect of child, or cruelty to children and |
others, $200 for each sentenced violation to the State |
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Treasurer for deposit as follows: (i) for sexual assault, |
as defined in Section 5-9-1.7 of the Unified Code of |
Corrections, when the offender and victim are family |
members, one-half to the Domestic Violence Shelter and |
Service Fund, and one-half to the Sexual Assault Services |
Fund; (ii) for the remaining offenses to the Domestic |
Violence Shelter and Service Fund; |
(14) violation of Section 11-501 of the Illinois |
Vehicle Code, Section 5-7 of the Snowmobile Registration |
and Safety Act, Section 5-16 of the Boat Registration and |
Safety Act, or a similar provision, whose operation of a |
motor vehicle, snowmobile, or watercraft while in |
violation of Section 11-501, Section 5-7 of the Snowmobile |
Registration and Safety Act, Section 5-16 of the Boat |
Registration and Safety Act, or a similar provision |
proximately caused an incident resulting in an appropriate |
emergency response, $1,000 maximum to the public agency |
that provided an emergency response related to the |
person's violation, or as provided in subsection (c) of |
Section 10-5 if the arresting agency was a State agency, |
unless more than one agency was responsible for the |
arrest, in which case the amount shall be remitted to each |
unit of government equally; |
(15) violation of Section 401, 407, or 407.2 of the |
Illinois Controlled Substances Act that proximately caused |
any incident resulting in an appropriate drug-related |
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emergency response, $1,000 as reimbursement for the |
emergency response to the law enforcement agency that made |
the arrest, or as provided in subsection (c) of Section |
10-5 if the arresting agency was a State agency, unless |
more than one agency was responsible for the arrest, in |
which case the amount shall be remitted to each unit of |
government equally; |
(16) violation of reckless driving, aggravated |
reckless driving, or driving 26 miles per hour or more in |
excess of the speed limit that triggered an emergency |
response, $1,000 maximum reimbursement for the emergency |
response to be distributed in its entirety to a public |
agency that provided an emergency response related to the |
person's violation, or as provided in subsection (c) of |
Section 10-5 if the arresting agency was a State agency, |
unless more than one agency was responsible for the |
arrest, in which case the amount shall be remitted to each |
unit of government equally; |
(17) violation based upon each plea of guilty, |
stipulation of facts, or finding of guilt resulting in a |
judgment of conviction or order of supervision for an |
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of |
the Criminal Code of 2012 that results in the imposition |
of a fine, to be distributed as follows: |
(A) $50 to the county treasurer for deposit into |
the Circuit Court Clerk Operation and Administrative |
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Fund to cover the costs in administering this |
paragraph (17); |
(B) $300 to the State Treasurer who shall deposit |
the portion as follows: |
(i) if the arresting or investigating agency |
is the Illinois State Police, into the State |
Police Law Enforcement Administration Fund; |
(ii) if the arresting or investigating agency |
is the Department of Natural Resources, into the |
Conservation Police Operations Assistance Fund; |
(iii) if the arresting or investigating agency |
is the Secretary of State, into the Secretary of |
State Police Services Fund; |
(iv) if the arresting or investigating agency |
is the Illinois Commerce Commission, into the |
Transportation Regulatory Fund; or |
(v) if more than one of the State agencies in |
this subparagraph (B) is the arresting or |
investigating agency, then equal shares with the |
shares deposited as provided in the applicable |
items (i) through (iv) of this subparagraph (B); |
and |
(C) the remainder for deposit into the Specialized |
Services for Survivors of Human Trafficking Fund; |
(18) weapons violation under Section 24-1.1, 24-1.2, |
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code |
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of 2012, $100 for each conviction to the State Treasurer |
for deposit into the Trauma Center Fund; and |
(19) violation of subsection (c) of Section 11-907 of |
the Illinois Vehicle Code, $250 to the State Treasurer for |
deposit into the Scott's Law Fund, unless a county or |
municipal police officer wrote the ticket for the |
violation, in which case to the county treasurer for |
deposit into that county's or municipality's |
Transportation Safety Highway Hire-back Fund to be used as |
provided in subsection (j) of Section 11-907 of the |
Illinois Vehicle Code. |
(20) violation of Section 15-109.1 of the Illinois |
Vehicle Code, $150 to be distributed as follows: |
(A) 50% to the county treasurer for deposit into |
the county general fund; and |
(B) 50% to the treasurer of the arresting law |
enforcement agency of the municipality or county or to |
the State Treasurer, if the arresting agency was a |
State agency, to be deposited as provided in |
subsection (c) of Section 10-5. |
Except for traffic violations, fines and assessments, such |
as fees or administrative costs authorized in this Section, |
shall not be ordered or imposed on a minor subject to Article |
III, IV, or V of the Juvenile Court Act of 1987, or a minor |
under the age of 18 transferred to adult court or excluded from |
juvenile court jurisdiction under Article V of the Juvenile |