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Public Act 102-0859


 

Public Act 0859 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0859
 
SB3793 EnrolledLRB102 22529 RAM 31670 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 Sections 11-605 and 11-1414 as follows:
 
    (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
    Sec. 11-605. Special speed limit while passing schools.
    (a) For the purpose of this Section, "school" means the
following entities:
        (1) A public or private primary or secondary school.
        (2) A primary or secondary school operated by a
    religious institution.
        (3) A public, private, or religious nursery school.
    On a school day when school children are present and so
close thereto that a potential hazard exists because of the
close proximity of the motorized traffic, no person shall
drive a motor vehicle at a speed in excess of 20 miles per hour
while passing a school zone or while traveling on a roadway on
public school property or upon any public thoroughfare where
children pass going to and from school.
    For the purpose of this Section, a school day begins at
6:30 a.m. and concludes at 4 p.m.
    This Section shall not be applicable unless appropriate
signs are posted upon streets and highways under their
respective jurisdiction and maintained by the Department,
township, county, park district, city, village or incorporated
town wherein the school zone is located. With regard to the
special speed limit while passing schools, such signs shall
give proper due warning that a school zone is being approached
and shall indicate the school zone and the maximum speed limit
in effect during school days when school children are present.
    (b) (Blank).
    (c) Nothing in this Chapter shall prohibit the use of
electronic speed-detecting devices within 500 feet of signs
within a special school speed zone indicating such zone, as
defined in this Section, nor shall evidence obtained thereby
be inadmissible in any prosecution for speeding provided the
use of such device shall apply only to the enforcement of the
speed limit in such special school speed zone.
    (d) (Blank).
    (e) Except as provided in subsection (e-5), a person who
violates this Section is guilty of a petty offense. Violations
of this Section are punishable with a minimum fine of $150 for
the first violation, and a minimum fine of $300 for the second
or subsequent violation, and community service in an amount
determined by the court.
    (e-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while passing schools
when he or she drives a motor vehicle at a speed that is:
        (1) 26 miles per hour or more but less than 35 miles
    per hour in excess of the applicable special speed limit
    established under this Section or a similar provision of a
    local ordinance and is guilty of a Class B misdemeanor; or
        (2) 35 miles per hour or more in excess of the
    applicable special speed limit established under this
    Section or a similar provision of a local ordinance and is
    guilty of a Class A misdemeanor.
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
(Source: P.A. 102-58, eff. 7-9-21.)
 
    (625 ILCS 5/11-1414)  (from Ch. 95 1/2, par. 11-1414)
    Sec. 11-1414. Approaching, overtaking, and passing school
bus.
    (a) The driver of a vehicle shall stop such vehicle before
meeting or overtaking, from either direction, any school bus
stopped on a highway, roadway, private road, parking lot,
school property, or at any other location, including, without
limitation, a location that is not a highway or roadway for the
purpose of receiving or discharging pupils. Such stop is
required before reaching the school bus when there is in
operation on the school bus the visual signals as specified in
Sections 12-803 and 12-805 of this Code. The driver of the
vehicle shall not proceed until the school bus resumes motion
or the driver of the vehicle is signaled by the school bus
driver to proceed or the visual signals are no longer
actuated.
    (b) The stop signal arm required by Section 12-803 of this
Code shall be extended after the school bus has come to a
complete stop for the purpose of loading or discharging pupils
and shall be closed before the school bus is placed in motion
again. The stop signal arm shall not be extended at any other
time.
    (c) The alternately flashing red signal lamps of an 8-lamp
flashing signal system required by Section 12-805 of this Code
shall be actuated after the school bus has come to a complete
stop for the purpose of loading or discharging pupils and
shall be turned off before the school bus is placed in motion
again. The red signal lamps shall not be actuated at any other
time except as provided in paragraph (d) of this Section.
    (d) The alternately flashing amber signal lamps of an
8-lamp flashing signal system required by Section 12-805 of
this Code shall be actuated continuously during not less than
the last 100 feet traveled by the school bus before stopping
for the purpose of loading or discharging pupils within an
urban area and during not less than the last 200 feet traveled
by the school bus outside an urban area. The amber signal lamps
shall remain actuated until the school bus is stopped. The
amber signal lamps shall not be actuated at any other time.
    (d-5) The alternately flashing head lamps permitted by
Section 12-805 of this Code may be operated while the
alternately flashing red or amber signal lamps required by
that Section are actuated.
    (e) The driver of a vehicle upon a highway having 4 or more
lanes which permits at least 2 lanes of traffic to travel in
opposite directions need not stop such vehicle upon meeting a
school bus which is stopped in the opposing roadway; and need
not stop such vehicle when driving upon a controlled access
highway when passing a school bus traveling in either
direction that is stopped in a loading zone adjacent to the
surfaced or improved part of the controlled access highway
where pedestrians are not permitted to cross.
    (f) Beginning with the effective date of this amendatory
Act of 1985, the Secretary of State shall suspend for a period
of 3 months the driving privileges of any person convicted of a
violation of subsection (a) of this Section or a similar
provision of a local ordinance; the Secretary shall suspend
for a period of one year the driving privileges of any person
convicted of a second or subsequent violation of subsection
(a) of this Section or a similar provision of a local ordinance
if the second or subsequent violation occurs within 5 years of
a prior conviction for the same offense. In addition to the
suspensions authorized by this Section, any person convicted
of violating this Section or a similar provision of a local
ordinance shall be subject to a mandatory fine of $300 or, upon
a second or subsequent violation, $1,000, and community
service in an amount set by the court. The Secretary may also
grant, for the duration of any suspension issued under this
subsection, a restricted driving permit granting the privilege
of driving a motor vehicle between the driver's residence and
place of employment or within other proper limits that the
Secretary of State shall find necessary to avoid any undue
hardship. A restricted driving permit issued hereunder shall
be subject to cancellation, revocation and suspension by the
Secretary of State in like manner and for like cause as a
driver's license may be cancelled, revoked or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension or
cancellation of the restricted driving permit. The Secretary
of State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. Any
conviction for a violation of this subsection shall be
included as an offense for the purposes of determining
suspension action under any other provision of this Code,
provided however, that the penalties provided under this
subsection shall be imposed unless those penalties imposed
under other applicable provisions are greater.
    The owner of any vehicle alleged to have violated
paragraph (a) of this Section shall, upon appropriate demand
by the State's Attorney or other designated person acting in
response to a signed complaint, provide a written statement or
deposition identifying the operator of the vehicle if such
operator was not the owner at the time of the alleged
violation. Failure to supply such information shall result in
the suspension of the vehicle registration of the vehicle for
a period of 3 months. In the event the owner has assigned
control for the use of the vehicle to another, the person to
whom control was assigned shall comply with the provisions of
this paragraph and be subject to the same penalties as herein
provided.
(Source: P.A. 101-55, eff. 1-1-20.)

Effective Date: 1/1/2023