Illinois General Assembly - Full Text of Public Act 095-0430
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Public Act 095-0430


 

Public Act 0430 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0430
 
SB1318 Enrolled LRB095 10698 DRH 31262 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 11-1301.3 as follows:
 
    (625 ILCS 5/11-1301.3)  (from Ch. 95 1/2, par. 11-1301.3)
    Sec. 11-1301.3. Unauthorized use of parking places
reserved for persons with disabilities.
    (a) It shall be prohibited to park any motor vehicle which
is not properly displaying registration plates or decals issued
to a person with disabilities, as defined by Section 1-159.1,
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
disabled veteran pursuant to Section 3-609 of this Act, as
evidence that the vehicle is operated by or for a person with
disabilities or disabled veteran, in any parking place,
including any private or public offstreet parking facility,
specifically reserved, by the posting of an official sign as
designated under Section 11-301, for motor vehicles displaying
such registration plates. It shall be prohibited to park any
motor vehicle in a designated access aisle adjacent to any
parking place specifically reserved for persons with
disabilities, by the posting of an official sign as designated
under Section 11-301, for motor vehicles displaying such
registration plates. When using the parking privileges for
persons with disabilities, the parking decal or device must be
displayed properly in the vehicle where it is clearly visible
to law enforcement personnel, either hanging from the rearview
mirror or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are
not transferable from person to person. Proper usage of the
disability license plate or parking decal or device requires
the authorized holder to be present and enter or exit the
vehicle at the time the parking privileges are being used. It
is a violation of this Section to park in a space reserved for
a person with disabilities if the authorized holder of the
disability license plate or parking decal or device does not
enter or exit the vehicle at the time the parking privileges
are being used. Any motor vehicle properly displaying a
disability license plate or a parking decal or device
containing the International symbol of access issued to persons
with disabilities by any local authority, state, district,
territory or foreign country shall be recognized by State and
local authorities as a valid license plate or device and
receive the same parking privileges as residents of this State.
    (a-1) An individual with a vehicle displaying disability
license plates or a parking decal or device issued to a
qualified person with a disability under Sections 3-616,
11-1301.1, or 11-1301.2 or to a disabled veteran under Section
3-609 is in violation of this Section if (i) the person using
the disability license plate or parking decal or device is not
the authorized holder of the disability license plate or
parking decal or device or is not transporting the authorized
holder of the disability license plate or parking decal or
device to or from the parking location and (ii) the person uses
the disability license plate or parking decal or device to
exercise any privileges granted through the disability license
plate or parking decals or devices under this Code.
    (b) Any person or local authority owning or operating any
public or private offstreet parking facility may, after
notifying the police or sheriff's department, remove or cause
to be removed to the nearest garage or other place of safety
any vehicle parked within a stall or space reserved for use by
a person with disabilities which does not display person with
disabilities registration plates or a special decal or device
as required under this Section.
    (c) Any person found guilty of violating the provisions of
subsection (a) shall be fined $250 in addition to any costs or
charges connected with the removal or storage of any motor
vehicle authorized under this Section; but municipalities by
ordinance may impose a fine up to $350 and shall display signs
indicating the fine imposed. If the amount of the fine is
subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine. It shall not be a
defense to a charge under this Section that either the sign
posted pursuant to this Section or the intended accessible
parking place does not comply with the technical requirements
of Section 11-301, Department regulations, or local ordinance
if a reasonable person would be made aware by the sign or
notice on or near the parking place that the place is reserved
for a person with disabilities.
    (c-1) Any person found guilty of violating the provisions
of subsection (a-1) a first time shall be fined $500. Any
person found guilty of violating subsection (a-1) a second time
shall be fined $750, and the Secretary of State may revoke the
person's driving privileges or suspend those privileges for a
period of time to be determined by the Secretary. Any person
found guilty of violating subsection (a-1) a third or
subsequent time shall be fined $1,000, and the Secretary of
State may revoke the person's driving privileges or suspend
those privileges for a period of time to be determined by the
Secretary. The Secretary of State may also revoke the
disability license plates or parking decal or device of a
person violating subsection (a-1) a third or subsequent time or
may suspend the person's disability license plates or parking
decal or device for a period of time to be determined by the
Secretary of State. The circuit clerk shall distribute 50% $250
of the $500 fine imposed on any person who is found guilty of
or pleads guilty to violating this Section, including any
person placed on court supervision for violating this Section,
to the law enforcement agency that issued the citation or made
the arrest. If more than one law enforcement agency is
responsible for issuing the citation or making the arrest, the
50% of the fine imposed $250 shall be shared equally. If an
officer of the Secretary of State Department of Police arrested
a person for a violation of this Section, 50% of the fine
imposed shall be deposited into the Secretary of State Police
Services Fund.
    (d) Local authorities shall impose fines as established in
subsections (c) and (c-1) for violations of this Section.
    (e) As used in this Section, "authorized holder" means an
individual issued a disability license plate under Section
3-616 of this Code, an individual issued a parking decal or
device under Section 11-1301.2 of this Code, or an individual
issued a disabled veteran's license plate under Section 3-609
of this Code.
    (f) Any person who commits a violation of subsection (a-1)
may have his or her driving privileges suspended or revoked by
the Secretary of State for a period of time determined by the
Secretary of State. The Secretary of State may also suspend or
revoke the disability license plates or parking decal or device
for a period of time determined by the Secretary of State.
(Source: P.A. 94-619, eff. 1-1-06; 94-930, eff. 6-26-06.)

Effective Date: 6/1/2008