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Public Act 91-0243
HB0449 Enrolled LRB9102374KScs
AN ACT to amend the Illinois Vehicle Code by changing
Section 12-715.
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 12-715 as follows:
(625 ILCS 5/12-715)
Sec. 12-715. Possession and use of radar jamming devices
prohibited.
(a) No person shall operate or be in actual physical
control of a commercial motor vehicle as defined in Section
6-500(6) of this Code while the motor vehicle is equipped
with any instrument designed to interfere with microwaves or
lasers at frequencies used by police radar for the purpose of
monitoring vehicular speed.
(b) Notwithstanding subsection (a) of this Section, a
person operating a commercial motor vehicle as defined in
Section 6-500(6) of this Code, who possesses within the
vehicle a radar or laser jamming device that is contained in
a locked opaque box or similar container, or that is not in
the passenger compartment of the vehicle, and that is not in
operation, shall not be in violation of subsection (a) of
this Section.
Any person found guilty of violating this Section shall
be guilty of a petty offense. A minimum fine of $50 shall be
imposed for a first offense and a minimum fine of $100 for a
second or subsequent offense.
(c) The radar or laser jamming device or mechanism shall
be seized by the law enforcement officer at the time of the
violation. This Section shall not be construed to authorize
the permanent forfeiture to the State of any radar or laser
jamming device or mechanism. Any such device or mechanism
shall be taken and held for the period when needed as
evidence. When no longer needed for evidence, the defendant
may petition the court for the return of the device or
mechanism; provided the defendant shall prove to the court by
a preponderance of the evidence that the device or mechanism
will be used only for a legitimate and lawful purpose.
(d) No commercial motor vehicle, or driver of such
vehicle, shall be stopped or searched by any law enforcement
officer solely on the basis of a violation or suspected
violation of this Section.
(Source: P.A. 90-89, eff. 1-1-98.)
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