New Traffic Laws
Effective January 1, 2009

SB300/P.A. 95-0400
Driving Under the Influence - BAIID (JDP)
Provides that a first offender who receives a statutory summary suspension shall be issued a monitoring device driver’s permit (MDDP), rather than a judicial driving permit (JDP). MDDP replaces judicial driving permits after the effective date. Provides that a person issued a MDDP must drive only a vehicle or vehicles equipped with an ignition interlock device. CDL application prohibited. Provides that a holder of this type of license may drive for any purpose and at any time, subject to rules to be adopted by the Secretary of State. Specifies certain issues that these rules shall address, including the consequences of noncompliance with the requirements of the monitoring device driver’s permit.
In the State Finance Act, provides for creation of the Indigent BAIID Fund and the Monitoring Device Driving Permit Administration Fee Fund. A person issued a MDDP may not drive a commercial vehicle. Provides that a person who received a judicial driving permit before the effective date of the bill may continue to drive on that permit. Provides that a person who fails to comply with the requirements of a monitoring device driving permit commits the offense of driving while revoked. Provides that a person who holds a monitoring device driving permit convicted of the offense for driving a vehicle not equipped with an ignition interlock device, or a person eligible for a monitoring device driving permit convicted of driving with a drug or alcohol-related summary suspension, is guilty of a Class 4 felony and subject to 30 days of imprisonment.
Amends the Unified Code of Corrections. Provides that a person who commits one of these offenses is not eligible for court supervision.
SB2182/P.A. 95-0756 (625 ILCS 5/11-1202)
School Bus Stops
Amends the Illinois Vehicle Code. Requires a driver of a school bus to open the service door and driver’s window before crossing a railroad track or tracks.
SB2295/P.A. 95-0855 (625 ILCS 5/6-118 & 6-206)
Monitor Device Permit
Amends the Illinois Vehicle Code. Sets fees for the issuance of a monitoring device driving permit (MDDP). Provides that an offender who opts out of having an MDDP issued may, during the drug or alcohol-related statutory summary suspension of his or her driving privileges, petition the court for an order directing the Secretary of State to issue an MDDP. Provides that a court shall not direct the Secretary to issue an MDDP if the offender has previously been convicted of aggravated driving under the influence of alcohol, drugs, or intoxicating compounds, involving death. Provides that the $30 administrative fee paid by the offender when an MDDP is issued shall be deposited into the Monitoring Device Driving Permit Administration Fee Fund. Deletes language providing that the court order directing the issuance of the MDDP shall specify the vehicle in which an ignition interlock device is to be installed. Provides that the MDDP shall be cancelled if the offender is convicted of or placed on court supervision for specified offenses or if the offender attempts to remove the ignition interlock device from his or her vehicle without the Secretary’s authorization. Provides that, under specified circumstances, additional violations may result in the extension of the offender’s statutory summary suspension or vehicle impoundment or forfeiture. Makes other changes regarding the issuance and cancellation of an MDDP and monitoring services to offenders found to be indigent.
SB2396/P.A. 95-0848 (625 ILCS 5/6-205, 6-206 & 11-501.1) Ignition Interlock
Amends the Illinois Vehicle Code. Provides that a person issued a restricted driving permit may transport children living in the person’s household to and from daycare. Provides that a person issued a restricted driving permit conditioned on the use of an ignition interlock device must pay to the Secretary of State DUI Administration Fund an amount of $30 (rather than $20) per month. Provides that the owner of a vehicle who is required to use an ignition interlock device because of a second or subsequent conviction for driving under the influence of alcohol, drugs, or intoxicating compounds must submit to the Secretary of State DUI Administration Fund an amount of $30 for each month he or she uses the device, and provides that the Secretary shall adopt rules setting these fees and the procedures, terms, and conditions relating to them.
SB2488/P.A. 95-0803
(720 ILCS 5/9-3; 625 ILCS 5/11-213)
Emergency Vehicle - Death
Amends the Criminal Code of 1961. Increases the penalties for the offense of reckless homicide if the offense is committed as a result of failing to follow the procedures required when approaching a stationary authorized emergency vehicle. Further increases the penalties if the defendant causes the deaths of 2 or more persons as part of a single course of conduct.
Amends the Illinois Vehicle Code with language providing that, in the absence of a law enforcement officer or a representative of a highway agency having jurisdiction over a highway, an officer of a fire department has the authority to close to traffic a highway or lanes of a highway to protect persons or property. Also provides that the fire department officer shall use an official fire department vehicle with lighted red or white oscillating, rotating, or flashing lights and proper temporary traffic control. Contains provisions regarding training. Creates an exception for highways under the jurisdiction of the Illinois State Toll Highway Authority.
SB2713/P.A. 95-0894 (625 ILCS 5/6-206)
Suspension (Scott’s Law)
Amends the Illinois Vehicle Code. In provisions authorizing the Secretary of State to suspend or revoke the driving privileges of a person violating the requirement that he or she yield the right-of-way or reduce speed for a stationary authorized emergency vehicle, adds a condition that the violation resulted in damage to the property of another or the death or injury of another. 625 ILCS 5/6-206(a)(37) provides for a suspension where one has “committed” a violation of 11-907(c). The “committed” language remains, implying a court supervision disposition can still be used to suspend. See also 92 Ill. Adm. Code 1040.107 use of the term “record of judgment,” which is undefined in the vehicle code.
HB4203/P.A. 95-0884 (625 ILCS 5/11-907, 720 ILCS 5/9-3) Emergency Vehicles
Death
Amends the Illinois Vehicle Code. For failure to exercise due caution and yielding to an emergency vehicle that results in the death of another person, restores a provision that allows a person’s driving privilege to be suspended for a violation. Amends the Criminal Code of 1961 relating to reckless homicide. Provides that in cases involving reckless homicide in which the defendant unintentionally kills an individual, the trier of fact may infer that the defendant’s actions were performed recklessly where he or she was also violating the provisions of the Illinois Vehicle Code for failure to exercise due caution and yielding to an emergency vehicle. Provides that the penalty for a reckless homicide in which the driver also violated such provisions of the Illinois Vehicle Code is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.
HB4754/P.A. 95-0753 (625 ILCS 5/11-1425)
Railroad Crossing Blockage
Amends the Illinois Vehicle Code in reference to Railroad Crossings. Provides that a person convicted of entering a railroad grade crossing and obstructing the passage of other vehicles or pedestrians or of a train or railroad equipment shall result in the Secretary of State suspending the motorists driver’s license for a period of one month. Provides that the Secretary shall suspend for a period of 3 months the driving privileges of any person convicted of a second or subsequent violation of subsection (b) 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 subsection (b) of this Section or a similar provision of a local ordinance shall be subject to a mandatory fine of $500 or 50 hours of community service. Any person given a disposition of court supervision for violating subsection (b) of this Section or a similar provision of a local ordinance shall also be subject to a mandatory fine of $500 or 50 hours of community service. Upon a second or subsequent violation, in addition to the suspensions authorized by this Section, the person shall be subject to a mandatory fine of $500 and 50 hours community service. Provides that 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. Provides that 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. Provides that 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. Provides that 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.
Limits the penalties to violations where the driver enters a highway railroad grade crossing when there is insufficient space on the other side of the crossing to accommodate the vehicle being operated without obstructing the passage of a train or other railroad equipment using the rails.
HB4811/P.A. 95-0787 (20 ILCS 2605/2605-410 new; 30 ILCS 105/5.708 new; and 625 ILCS 5/15-312)
Amends the Department of State Police Law of the Civil Administrative Code of Illinois, the State Finance Act, and the Illinois Vehicle Code. Increases the fees to be paid when Illinois State Police escorts are required for the safety of the motoring public. Removes the fee for special police escorts from the permit fee calculation. Provides that the Illinois State Police shall remit the moneys to the State Treasurer, who shall deposit the moneys into the Over Dimensional Load Police Escort Fund, a new special fund in the State treasury that shall be used by the Department of State Police for its expenses in providing police escorts and commercial vehicle enforcement activities.
HB5204/P.A. 95-0783 (225 ILCS 407/10-1; 625 ILCS 5/1-154.7; 3-117.1; 3-118; 5-102; 5-302; 5-403; and 5-702
Amends the Illinois Vehicle Code and the Auction License Act. Provides that out-of-state salvage vehicle buyers do not have to be licensed by the Secretary of State. Provides that out-of-state salvage vehicle buyers do not have to be issued an out-of-state salvage vehicle buyer’s identification card. Provides that an insurer making payment of damages on a total loss claim for the theft of a vehicle shall not be required to apply for a salvage certificate unless the vehicle is recovered and has incurred damage that initially would have caused the vehicle to be declared a total loss by the insurer. Provides that out-of-state salvage vehicle buyers must be licensed by their jurisdiction. Provides that used vehicle dealers licensed under the Code shall provide the Secretary of State a register for the sale of each salvage or junk certificate vehicle containing specified information. Provides that only out-of-state salvage vehicle buyers who are licensed in another state or jurisdiction may buy property at the auction.
HB5907/P.A. 95-0754 (625 ILCS 5/7-201; 7-204; 7-212; 11-406; and 11-406.1 new)
Amends the Illinois Vehicle Code. Makes a change to the minimum amount of property damage necessary to require a traffic accident report to $1,500 and $500 if any of the vehicles involved in the accident is subject to mandatory liability insurance requirements but is not covered by a liability insurance policy.

Specialty License Plates:

HB4648/P.A. 95-0794 (625 ILCS 5/3-674) Distinguished Service Cross Plate
Amends the Illinois Vehicle Code. Provides for issuance of special license plants to a holder, or the surviving spouse of a holder, of the Distinguished Service Cross, at no additional cost to the applicant.
HB5607/P.A. 95-0795 (625 ILCS 5/3-680, 30 ILCS 105/5.708) Illinois Police Assoc. Plate
Amends the Illinois Vehicle Code. Provides for the issuance of Illinois Police Association license plates. Provides that in addition to the appropriate registration fees, an applicant for the special plate shall be charged a fee of $25 at original issuance and at renewal. Provides that $10 of the additional original issuance fee and $23 of the renewal fee shall be deposited into the Illinois Police Association Fund. Provides that $15 of the original issuance fee and $2 of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that, subject to appropriation, the moneys in the Illinois Police Association Fund shall be paid as death benefits for the families of police officers killed in the line of duty, and for providing scholarships, for graduate study, undergraduate study, or both, to children and spouses of police officers killed in the line of duty. Amends the State Finance Act to create the Illinois Association Fund.
SB1850/P.A. 95-0796 (625 ILCS 5/3-680, 625 ILCS 5/3-681) Army/Navy Veteran Plate (Effective Date: 08/11/08)
Amends the Illinois Vehicle Code. Provides for issuance of U.S. Navy license plates, at an additional initial charge of $15 and an additional renewal charge of $2 with eligibility requirements to be determined by the Secretary of State. Provides that the $15 additional initial charge and the $2 renewal charge shall go the Secretary of State Special License Plate Fund. Provides that the plates must display the U.S. Navy emblem. Provides for the issuance of U.S. Army Veteran license plates to applicants who meet eligibility requirements prescribed by the Secretary of State for an additional charge of $15 at original issuance and $2 at renewal. Provides that those charges shall be deposited into the Secretary of State Special License Plate Fund.

Miscellaneous:

HB1915/P.A. 95-0784 (625 ILCS 5/3-104, 5/3-107) Title Beneficiary
Amends the Illinois Vehicle Code. Provides that the Secretary of State shall designate, on a certificate of title and on an application for a certificate of title, a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner’s death.

New Traffic Law
Effective June 1, 2009

SB2294/P.A. 95-0991 (625 ILCS 5/6-303) 2nd DWLR/DWLS after a DUI or Leaving the Scene
Amends the Illinois Vehicle Code. Provides that any person convicted of a second violation of driving a motor vehicle while one’s license or permit is revoked or suspended shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the original revocation or suspension was for leaving the scene of an accident or DUI, or a similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension.

New Traffic Law
Effective July 1, 2009
SB0993/P.A. 95-0898 (15 ILCS 335 /11A, 625 ILCS 5/6-117.2) Emergency Contact Data - SOS
Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Secretary of State shall establish a database of emergency contacts for persons holding identification cards or driver’s licenses or permits. Provides that a person holding an identification card or driver’s license may provide the Secretary of State, in a manner and form designated by the Secretary of State, information concerning no more than 2 emergency contact persons to be contacted by a law enforcement officer if the holder is involved in a motor vehicle accident or other emergency situation and the holder is unable to communicate with the contact person or persons. Contains provisions concerning confidentiality, contact by law enforcement in the case of an accident, rulemaking by the Secretary of State, immunity, and other matters.

By The Way, Effective......
June 2008

HB508/P.A. 95-0467 (625 ILCS 5/11-503; 720 ILCS 5/9-3) Reckless Driving - School
Provides that, if a defendant commits reckless homicide upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties, the defendant is guilty of a Class 2 felony. Provides that the defendant, if sentenced to a term of imprisonment, shall be sentenced to (i) not less than 3 years and not more than 14 years if the defendant caused the death of one person or (ii) not less than six years and not more than 28 years if the defendant caused the deaths of two or more persons as part of a single course of conduct.
Provides that a person who commits the offense of reckless driving is guilty of a Class 4 felony, if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties. Provides that a person commits the offense of aggravated reckless driving, and is guilty of a Class 3 felony, if he or she commits the offense of reckless driving and as a result causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties.
HB654/P.A. 95-0686 (625 ILCS 5/3-707) Operating Uninsured Motor Vehicle- Supervision
Amends the Illinois Vehicle Code. Provides that a person who has not previously been convicted of or received a disposition of court supervision for operating an uninsured vehicle shall receive a $100 fine and a disposition of court supervision for committing the offense, if the person produces in court satisfactory evidence that the motor vehicle is covered, as of the date of the court appearance, by a liability insurance policy required by the Vehicle Code.
Provides that the person must, on the date the period of court supervision is scheduled to terminate, produce satisfactory evidence that the vehicle was covered by the required insurance policy during the entire period of the supervision. Provides that an officer of the court appointed by the chief judge shall determine if a defendant has a liability insurance policy as of the date of the court appearance. Provides that the officer of the court shall also determine whether the vehicle was covered by the required policy during the entire period of court supervision.
HB1080/P.A. 95-0337 (625 ILCS 5/6-103; 5/6-204 & 5/6-205; 705 ILCS 405/5-710) Gangs
Amends the Illinois Vehicle Code and the Juvenile Court Act of 1987. Provides that if a person is adjudicated under the Juvenile Court Act of 1987 on the basis of an offense determined to have been committed in furtherance of gang activity, the court shall provide that the person shall be denied driving privileges. Provides that if the person has never held a driver’s license or permit, he or she shall not be issued one until reaching the age of 18. Provides that if he or she already holds a driver’s license or permit, the license or permit shall be revoked at least until he or she reaches the age of 21. In order to provide a basis for denial of driving privileges, the offense must have involved the operation or use of a motor vehicle or the use of a driver’s license or permit.

July 2008

Teens and Graduated Driver’s Licenses

SB1930/P.A. 95-0747 (625 ILCS 5/6-110) Graduated Drivers (Effective Date: 07/22/08)
Amends the Illinois Vehicle Code in reference to certain graduate drivers.
(a-2.5) The driver’s license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria:
(1) the program is sponsored by the Boy Scouts of America or another national public service organization; and
(2) the sponsoring organization carries liability insurance covering the program.
SB2391/P.A. 95-0757 (625 ILCS 5/11-412) (Effective Date: 07/25/08)
Amends the Illinois Vehicle Code. Provides that the Department of Transportation may furnish copies of its written accident reports to local agencies that are engaged in highway safety research and studies.


August 2008
SB2494/P.A. 95-0778 DUI - Out of State
Amends the Illinois Vehicle Code. Provides that a person who commits the offense of driving under the influence during a period in which his or her driving privileges are revoked or suspended, where the revocation or suspension was for driving under the influence or a similar provision of the law of another jurisdiction is guilty of a Class 4 felony.
HB4251/P.A. 95-0785 (625 ILCS 5/11-709.1) Farm Tractors on Shoulder
(Effective Date: 08/08/08)
Amends the Illinois Vehicle Code. Provides that the restrictions on driving a vehicle on the shoulder of a highway do not apply to any farm tractor or implement of husbandry.
HB4839/P.A. 95-0788 (625 ILCS 5/11-604) Effective Date 08/07/08
Amends the Illinois Vehicle Code. Provides that when the county board alters the maximum speed limit, the county board may post signs designating the new speed limit. Amends Public Act 95-574 (concerning alteration of speed limits by local authorities) to provide that it takes effect on the effective date of this amendatory Act or June 1, 2008, whichever occurs first.

HB5108/P.A. 95-0838 (625 ILCS 5/4-205) Towing Notice
(Effective Date: 08/15/08)
Amends the Illinois Vehicle Code. In language providing that a towing service may cause the vehicle registration records of the State to be searched by the Secretary of State when ownership information is needed for the towing service to give notification as required under the Code, provides that the towing service also shall give notice to all lien holders of record within the time period required for other notices.



Disclaimer: This list is not intended to be all-inclusive. This page contains general information that is intended, but not guaranteed, to be correct, complete and up-to-date. It is not intended to be a source of legal advice. You should not rely on the information on this page and should always seek the advice of a competent lawyer.