Illinois General Assembly - Full Text of Public Act 098-0334

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Public Act 098-0334

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Public Act 0334 98TH GENERAL ASSEMBLY

Public Act 098-0334

HB1345 Enrolled LRB098 06461 MLW 36504 b

    AN ACT concerning transportation, which may be referred to
as Adam's Law.

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

    Section 5. The Roadside Memorial Act is amended by adding
Section 23.1 as follows:

    (605 ILCS 125/23.1 new)
    Sec. 23.1. Fatal accident memorial marker program.
    (a) The fatal accident memorial marker program is intended
to raise public awareness of reckless driving by emphasizing
the dangers while affording families an opportunity to remember
the victims of crashes involving reckless drivers.
    (b) As used in this Section, "fatal accident memorial
marker" means a marker on a highway in this State commemorating
one or more persons who died as a proximate result of a crash
caused by a driver who committed an act of reckless homicide in
violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012 or who otherwise caused the death
of one or more persons through the operation of a motor
vehicle.
    (c) For purposes of the fatal accident memorial marker
program in this Section, the provisions of Section 15 of this
Act applicable to DUI memorial markers shall apply the same to
fatal accident memorial markers.
    (d) A fatal accident memorial marker shall consist of a
white on blue panel bearing the message "Reckless Driving Costs
Lives". At the request of the qualified relative, a separate
panel bearing the words "In Memory of (victim's name)",
followed by the date of the crash that was the proximate cause
of the loss of the victim's life, shall be mounted below the
primary panel.
    (e) A fatal accident memorial marker may memorialize more
than one victim who died as a result of the same crash. If one
or more additional deaths subsequently occur in close proximity
to an existing fatal accident memorial marker, the supporting
jurisdiction may use the same marker to memorialize the
subsequent death or deaths, by adding the names of the
additional persons.
    (f) A fatal accident memorial marker shall be maintained
for at least 2 years from the date the last person was
memorialized on the marker.
    (g) The supporting jurisdiction has the right to install a
marker at a location other than the location of the crash or to
relocate a marker due to restricted room, property owner
complaints, interference with essential traffic control
devices, safety concerns, or other restrictions. In these
cases, the sponsoring jurisdiction may select an alternate
location.
    (h) The Department shall secure the consent of any
municipality before placing a fatal accident memorial marker
within the corporate limits of the municipality.
    (i) A fee in an amount to be determined by the supporting
jurisdiction shall be charged to the qualified relative. The
fee shall not exceed the costs associated with the fabrication,
installation, and maintenance of the fatal accident memorial
marker.
    (j) The provisions of this Section shall apply to any fatal
accident marker constructed on or after January 1, 2013.

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

Effective Date: 8/13/2013

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