New Traffic Laws Effective January 1, 2011
HB43
VEH CODE-STOP FOR PEDESTRIAN
625 ILCS 5/11-1002 from Ch. 95 1 /2, par. 11-1002
625 ILCS 5/11-1002.5 Effective 7.22.10
Amends the Illinois Vehicle Code. Provides that where traffic signals
are not in place, vehicles must stop and yield to a pedestrian in a
crosswalk rather than yielding the right-of-way by slowing down or
stopping if need be. Provides that on a school day when children are
present and so close that a potential hazard exists because of the close
proximity of the motorized traffic and when traffic signals are not in
place or in operation, vehicles must stop and yield to a pedestrian in a
crosswalk rather than yielding the right-of-way by slowing down or
stopping if need be to so yield.
HB4717
VEH CODE-ELECTRIC VEH-PLATES
625 ILCS 5/3-805
from Ch. 95 1/2, par. 3-805
Effective 7.21.10
Amends the Illinois Vehicle Code. Provides that the owner of a motor
vehicle of the second division weighing 8,000 pounds or less propelled
by an electric engine and not utilizing motor fuel, may register the
motor vehicle for a fee not to exceed $35 for a 2-year registration
period.
HB4779
VEH CODE-EMERGENCY RESPONDERS-RESTITUTION
625 ILCS 5/16-104a
from Ch. 95 1/2, par. 16-104a
Effective 7.22.10
Amends the Illinois Vehicle Code. Provides that in addition to any other
fine or penalty required by law, an individual convicted of reckless
driving or speeding in excess of 40 miles per hour the court may assess
an additional criminal penalty in an amount not exceeding $100.00 per
public agency for each emergency response related to a person’s first
violation for reckless driving or speeding in excess of 40 miles per
hour over the posted speed limit, and $500.00 for a second or subsequent
violation.
HB4858
STATE ID-DRIVERS LICENSE
15 ILCS 335/4
from Ch. 124, par. 24
15 ILCS 335/5
from Ch. 124, par. 25
625 ILCS 5/6-106
from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-109
from Ch. 95 1/2, par. 6-109
625 ILCS 5/6-110
from Ch. 95 1/2, par. 6-110
Effective 7.23.10
735 ILCS 5/21-105 NEW
Amends the Illinois Identification Card Act and the Illinois Vehicle
Code. Provides the Secretary of State may require an applicant to
utilize the same residence address and name on a State identification
card, driver's license, and instruction permit. Provides that the
Secretary of State may allow applicants for a driver's license or State
identification cards to provide a mailing address in addition to a
residence address. Provides that the Secretary of State may adopt rules
regarding the use of foreign language interpreters during the
application and examination process. Further amends the Illinois
Identification Card Act and Illinois Vehicle Code. Provides that the fee
for any duplicate identification card, driver's license, or permit shall
be waived for any person who presents the Secretary of State with a
police report showing that his or her identification card, driver's
license, or permit was stolen. Provides that the fee for any duplicate
identification card, driver's license, or permit shall be waived for any
person age 60 or older whose identification card, driver's license, or
permit has been lost or stolen. Provides that there shall be no fee for
a duplicate identification card, driver's license, or permit issued to
an active-duty member of the United States Armed Forces. Amends the Code
of Civil Procedure. Provides that common law name changes adopted in
this State on or after July 1, 2010 are invalid. Provides that all name
changes shall be made pursuant to marriage or other legal proceedings.
HB4873
VEH CODE-SCHOOL BUS PERMIT & CDL
625 ILCS 5/6-106.1
from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-508
from Ch. 95 1/2, par. 6-508
Effective 7.22.10
Amends the Illinois Vehicle Code. Adds several offenses to the list of
existing offenses that disqualify a person for a school bus driver
permit or a commercial driver's license. Includes soliciting a
prostitute, child luring, aggravated child pornography, child
photography by sex offender, grooming, traveling to meet a minor,
aggravated battery, drug-induced bodily harm, cyberstalking, possession
of a stolen firearm, residential arson, unlawful sale/purchase of a
firearm, contributing to criminal delinquency, terrorism and
methamphetamine offenses.
HB5095
DISABLED PEDESTRIAN SAFETY
New Act
625 ILCS 5/2-112
from Ch. 95 1/2, par. 2-112
625 ILCS 5/6-109
from Ch. 95 1/2, par. 6-109
Effective 7.22.10
Creates the Pedestrians with Disabilities Safety Act. Provides that a
person with a disability: has the same right as a nondisabled person to
the full use of the streets and public places; and, if the person has a
service or support animal, has the right to be accompanied by the animal
in any of the places listed without being required to pay an extra
charge provided that the person shall be liable for any damage done by
the animal. Provides that a vehicle operator shall accommodate a
pedestrian with a disability who is using a mobility device, service
animal, or white cane and take all necessary precautions to avoid
injury. Provides that any person who interferes with the rights of a
person with a disability under the Act is guilty of a Class A
misdemeanor with a minimum fine of $500 per violation. Provides that
each year the Governor is authorized and requested to proclaim
Pedestrians with Disabilities Safety Day. Amends the Illinois Vehicle
Code. Requires the Secretary of State to revise its publications,
including the Illinois Rules of the Road, and the drivers license
examination to reflect the provisions of the Pedestrians with
Disabilities Safety Act.
HB5120
VEH CODE-SCHOOL BUS DRIVERS
625 ILCS 5/12-813.1
625 ILCS 5/12-816
Effective 7.16.10
Amends the Illinois Vehicle Code. Provides that a school bus must
contain an operating cellular radio telecommunication device (cell
phone) or two-way radio while the school bus driver is in possession of
a school bus. Provides that the cell-phone or two-way radio must be
turned on and adjusted in a manner that would alert the school bus
driver of an incoming communication request. Provides that a school bus
driver may use a cell phone to communicate with school authorities or
their designees about any other issue relating to the operation of the
school bus or the welfare and safety of any passenger.
HB6094
VEH CODE-NEIGHBORHOOD VEHICLES
625 ILCS 5/1-148.3m
625 ILCS 5/11-1426.1
625 ILCS 5/11-1426.2
Effective 8.11.10
Amends the Illinois Vehicle Code. Modifies the definition of a
neighborhood vehicle.
Further amends the Illinois Vehicle Code. Provides that it shall not be
unlawful for any person to drive or operate certain non-highway vehicles
on a county roadway or township roadway for the purpose of conducting
farming operations to and from the home, farm, farm buildings, and any
adjacent or nearby farm land. Provides that the mechanical equipment and
mandatory insurance requirements that generally apply to non-highway
vehicles when operated on a roadway do not apply to certain non-highway
vehicles used for farming operations on a roadway. Provides that if
non-highway vehicles used for farming operations on a roadway are not
covered under a motor vehicle insurance policy, the vehicles must be
covered under a farm, home, or non-highway vehicle insurance policy.
Provides that the non-highway or recreational off-highway vehicles used
for farming operations on a county or township roadway at any time
between one-half hour before sunset and one-half hour after sunrise must
be equipped with head lamps and tail lamps, and the head lamps and tail
lamps must be lighted. Provides that certain non-highway vehicles used
for farming operations may not cross a toll road, interstate highway, or
controlled access highway but may cross a State highway, municipal
street, county highway, or road district highway if specified conditions
are followed by the operator.
Further amends the Illinois Vehicle Code. In a provision permitting the
use of non-highway vehicles on streets, modifies the definition of a
non-highway vehicle, and provides that the unit of local government or
the Department of Transportation may restrict the types of non-highway
vehicles that are authorized to be used on its streets. Provides that a
unit of local government or the Department of Transportation may
prohibit the operation of low-speed vehicles on any and all streets
under its jurisdiction.
HB5285
SERIOUS TRAFFIC VIOLATION-FEES
625 ILCS 5/16-104d
705 ILCS 105/27.5
from Ch. 25, par. 27.5
705 ILCS 105/27.6
730 ILCS 5/5-6-1
from Ch. 38, par. 1005-6-1
Effective 9.20.10
Amends the Illinois Vehicle Code, the Clerks of Courts Act, and the
Unified Code of Corrections. Provides that any person who is convicted
of or pleads guilty to a serious traffic violation, as defined in the
Illinois Vehicle Code, shall pay an additional fee of $40 (rather than
$20). Provides that $15 (rather than $7.50) of the fee shall be
deposited into the Fire Prevention Fund in the State treasury, $15
(rather than $7.50) shall be deposited into the Fire Truck Revolving
Loan Fund in the State treasury, and $10 (rather than $5) shall be
deposited into the Circuit Court Clerk Operation and Administrative Fund
created by the Clerk of the Circuit Court.
HB 4580
VEH CODE-REVOCATION CAUSED DEATH
625 ILCS 5/6-205
625 ILCS 5/6-206 Effective 1.1.11
Amends the Illinois Vehicle Code. Provides that the Secretary of State
shall immediately revoke (rather than may, within 6 months of the date
of conviction or one year of the date of the accident, revoke or
suspend) the driving privileges of any person who has been convicted of
an offense that involved the unlawful operation of a motor vehicle when
that offense “was the proximate cause of the death of any person”.
Provides that any person whose driving privileges have been revoked
under the provisions of this bill may seek to have the revocation
terminated or to have the length of the revocation reduced, by
requesting an administrative hearing with the Secretary of State prior
to the projected driver’s license application eligibility date.
HB4691
VEH CODE-CHILD CAR SEATS
625 ILCS 25/6; 625 ILCS 25/6a
215 ILCS 5/143e new Effective 1.1.11
Amends the Child Passenger Protection Act. Provides that a first
violation of the Child Passenger Protection Act is a petty offense with
a fine of $75.00 (rather than a fine of not more than $50.00), and a
subsequent violation is a petty offense with a fine of $200.00 (rather
than a fine of not more than $50.00) that may not be waived. Provides
that the fine for a first violation of a provision concerning the
transportation of a child in this State under the age of 8 years may be
waived and provides that a person shall not be convicted of a first
violation upon proof of possession of an approved child restraint system
and proof of completion of an instructional course on the installation
of a child restraint system.
HB4776
CODE OF CORRECTIONS-DUI-PERM DISABILITY 85%
730 ILCS 5/3-6-3
from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1
from Ch. 38, par. 1005-4-1
Effective 1.1.11
Amends the Unified Code of Corrections. Provides that the rules and
regulations on early release shall provide that a prisoner who is
serving a sentence for aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof that involved a motor vehicle accident that
resulted in great bodily harm or permanent disability or disfigurement
to another, when the violation was a proximate cause of the injuries and
the offense was committed on or after the effective date of the
amendatory Act, shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of imprisonment.
HB4859
MOTOR VEH-RDP’s and COURT REPORTS
625 ILCS 5/6-205
from Ch. 95 1/2, par. 6-205
625 ILCS 5/6-206
from Ch. 95 1/2, par. 6-206
730 ILCS 5/5-4-1
from Ch. 38, par. 1005-4-1
Effective 1.1.11
Amends the Illinois Vehicle Code to provide that in certain undue
hardship cases where a person's driving privileges have been suspended
or revoked, the Secretary of State may issue a restricted driving permit
to allow a person to transport children, elderly persons, or disabled
persons who do not hold driving privileges and are living in the
person's household (rather than just children living in the person's
household) to and from daycare. Amends the Unified Code of Corrections.
Provides that during a sentencing hearing, the court must make a finding
of whether a motor vehicle was used in the commission of the offense for
which the defendant is being sentenced. Provides that in cases in which
the court finds that a motor vehicle was used in the commission of the
offense, the clerk of the court shall, within 5 days thereafter, forward
a report of such conviction to the Secretary of State.
HB4987
RAILROAD-MISCHIEF
625 ILCS 5/18c-7502
From Ch. 95 ½, par. 18c-7502 Effective 1.1.11
Amends a provision of the Illinois Vehicle Code concerning malicious
removal of or damage to railroad property or freight. Provides that a
person is guilty of an offense ranging from a Class A misdemeanor to a
Class 4 felony, depending on property damages, if he or she is found to
have willfully placed upon an active railroad track or railroad right of
way any object or objects that would adversely affect safe railroad
operations.
HB5341
VEH CODE-INTOXICATED INSTRUCTORS
625 ILCS 5/11-507 new
625 ILCS 5/6-107.1
Effective 1.1.11
Amends the Illinois Vehicle Code. Provides that it is an offense against
the regulations governing the movement of vehicles for a person to
accompany or provide instruction to a driver who is a minor and driving
a motor vehicle pursuant to an instruction permit, while under the
influence of alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof.
In a provision concerning instruction permits, provides that an
instruction permit shall be restricted, by the Secretary of State, to
the operation of a motor vehicle by the minor only when "under direct
supervision of" (rather than "accompanied by") the adult instructor of a
driver education program during enrollment in the program or when
practicing "under direct supervision of" (rather than "with") a parent,
legal guardian, family member, or other person who is 21 years of age or
more, has a license classification to operate such vehicle and at least
one year of driving experience, and who is occupying a seat beside the
driver.
HB5669
SOS-SPECIAL NEEDS ALERT
15 ILCS 335/11A
625 ILCS 5/6-117.2 Effective 1.1.11
Creates the Secretary of State Special Needs Alert Act. Establishes the
special needs alert database to ensure persons with disabilities,
special needs, or both have the same access to public safety services as
provided to all citizens. Provides that the special needs alert database
shall be connected to the Secretary of State vehicle, driver, and
identification card database in a manner that allows public safety
workers to access information relating to the disability or special need
of individual. Provides that any person holding a vehicle registration,
State identification card, driver's license, instruction permit, or any
other type of driving permit issued by the Secretary of State shall be
afforded the opportunity to provide the Secretary of State, in a manner
and form designated by the Secretary of State, disability or special
needs information relating to the holder or any disabled or special
needs individual that does not hold identification issued by the
Secretary of State and for which the holder is the primary caregiver.
Provides that the Secretary of State shall adopt rules to implement this
Act. Contains provisions concerning data control and accessibility,
confidentiality, liability, and duration, among others.
Amends provisions of the Illinois Identification Card Act and the
Illinois Vehicle Code concerning the Secretary of State's emergency
contact database. Defines "disability", "public safety worker", and
"special needs individuals". Provides that law enforcement officers may
share information contained in the emergency contact database, including
disabilities and special needs information, with other public safety
workers on scene, as needed to conduct official law enforcement duties.
Provides that except for willful or wanton misconduct, neither the law
enforcement officer, nor the law enforcement agency that employs the law
enforcement officer, shall incur any liability relating to the reporting
or use of the database during a motor vehicle accident or other
emergency situation. Provides that except for willful or wanton
misconduct, the Secretary of State shall not incur any liability
relating to the reporting of disabilities or special needs individuals.
Amends provisions of the Illinois Identification Card Act and the
Illinois Vehicle Code concerning the Secretary of State's emergency
contact database. Defines "disability".
HB6450
SECRETARY OF STATE-NON-SUPPORT-RDP
305 ILCS 5/10-17.6
625 ILCS 5/7-702.1 from Ch. 23, par. 10-17.6
Effective 1.1.11
Amends the Illinois Public Aid Code and Illinois Vehicle Code. Provides
that an unemployed person that has been found in contempt by the court
for failure to pay court ordered child support payments or upon a motion
by the obligor who is subject to having his or her driver's license
suspended pursuant to provisions of the family financial responsibility
law of the Illinois Vehicle Code, may be issued a restricted driving
permit for the purpose of seeking employment, which may be subject to
the requirements set forth in the Illinois Marriage and Dissolution of
Marriage Act. Provides that except upon a showing of good cause, any
permit issued for the purpose of seeking employment shall be limited to
Monday through Friday between the hours of 8 a.m. and 12 p.m. Provides
that following the certification of delinquency or upon a motion by the
obligor who is subject to having his or her driver's license suspended
for failure to pay child support, the Department of Healthcare and
Family Services may direct the Secretary of State to issue a family
financial responsibility driving permit under the purposes and
limitations set forth for other family financial responsibility driving
permits and sets forth rules and procedures for the issuance of the
permit.
SB2804
VEH CODE-RESIDENCE DISTRICT
625 ILCS 5/1-172 Effective 7.2.10
Amends the Illinois Vehicle Code. In a provision defining a “residence
district”, provides that for purposes of establishing maximum speed
limits, a residence district shall be at least a quarter of a mile long
with residences or residences and buildings in use for business spaced
no more than 500 feet (instead of 300 feet) apart.
SB 2993
VEH CODE-CDL REQUIREMENTS
625 ILCS 5/6-514
from Ch. 95 1/2, par. 6-514
625 ILCS 5/6-518
from Ch. 95 1/2, par. 6-518
625 ILCS 5/6-524
from Ch. 95 1/2, par. 6-524
625 ILCS 5/11-501.1
from Ch. 95 1/2, par. 11-501.1
625 ILCS 5/11-501.8
Effective 7.16.10
Amends the Illinois Vehicle Code. Decreases the number of days from 10
to 5 days after receiving a report of an Illinois conviction, or other
verified evidence, of any driver from another state, for a violation of
any law or local ordinance of this State relating to motor vehicle
traffic control, other than parking violations, committed in a
commercial motor vehicle, that the Secretary of State must notify the
driver licensing authority which issued the person's driver's license of
the conviction. Increases the minimum fine from $2,750 to $5,000 for a
second or subsequent offense of certain provisions related to commercial
motor vehicles, and increases a maximum civil penalty. Provides that
certain information relating to a first offender's driving under the
influence offense is not privileged when the offender is a commercial
driver's license holder and operating a commercial motor vehicle or
vehicle required to be placarded as hazardous materials.
SB 3024
VEH CODE-TINTED WINDOWS
625 ILCS 5/12-503
from Ch. 95 1/2, par. 12-503
Effective 7.14.10
Amends the Illinois Vehicle Code. Deletes a provision concerning side
window tinting on multipurpose passenger vehicles and adds a provision
providing that on vehicles where a non-reflective smoked or tinted glass
that was originally installed by the manufacturer on the windows to the
rear of the driver's seat, a non-reflective tint that allows at least
50% light transmittance may be used on the vehicle windows immediately
adjacent to each side of the driver. Provides that the use of a
non-reflective, smoked, or tinted glass or non-reflective film is not
allowed on the windows to the rear of the driver if window treatment has
been applied to the windows immediately adjacent to each side of the
driver.
Comment: Chicago ordinance provides for their “tinting” standard—no tint
on side front windows. (9-76-220)
SB935
VEH CODE-AUTOMATED TRAFFIC LAW
625 ILCS 5/11-208.3
from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.6
Effective 1.1.11
Amends the Illinois Vehicle Code. Provides that in municipalities with a
population of less than 1,000,000 and counties with a population of less
than 3,000,000, an ordinance that provides for the administrative
adjudication of automated traffic law enforcement system violations
shall require that all determinations by a technician employed or
contracted by the municipality or county that a motor vehicle committed
a violation must be reviewed and approved by a law enforcement officer.
Provides that in municipalities with a population of 1,000,000 or more
and counties with a population of 3,000,000 or more, an ordinance that
provides for the administrative adjudication of automated traffic law
enforcement system violations shall require that all determinations by a
technician employed or contracted by the municipality or county that a
motor vehicle committed a violation must be reviewed and approved by a
law enforcement officer or by an additional technician trained in
traffic management and not employed by the contractor who employs the
technician who made the initial determination. Provides that in all
municipalities and counties, the automated traffic law ordinance shall
require that no additional fee shall be charged to the alleged violator
for exercising his or her right to an administrative hearing, and the
automated traffic law ordinance shall provide that after an
administrative hearing where a person is found to have committed a
violation, the person shall be given additional time to pay the civil
penalty imposed equal to the amount of time that the person had to pay
the original violation upon issuance. Provides that a municipality or
county that produces a recorded image of a motor vehicle's violation
must make the recorded images of a violation accessible to the alleged
violator by providing the alleged violator with a website address,
accessible through the Internet. Provides that a county or municipality,
including a home rule county or municipality, may not use an automated
traffic law enforcement system to issue violations in instances where
the motor vehicle comes to a complete stop and does not enter the
intersection during the cycle of the red signal indication unless one or
more pedestrians are present, even if the motor vehicle stops at a point
past a stop line or crosswalk where a driver is required to stop.
Provides that a municipality or county that has one or more
intersections equipped with an automated traffic law enforcement system
must provide notice to drivers by posting the locations of the systems
on the municipality or county website. Provides that an intersection
equipped with an automated traffic law enforcement system must have a
yellow change interval that conforms with the Illinois Manual on Uniform
Traffic Control Devices published by the Illinois Department of
Transportation. Provides that a municipality or county shall make a
certified report to the Secretary of State in order to suspend a
registered owner's driving privileges whenever a registered owner of a
vehicle has failed to pay any fine or penalty due and owing as a result
of 5 automated traffic law enforcement system violations.
Provides that an automated traffic law ordinance shall provide that
after an administrative hearing where a person is found to have
committed a violation, the person shall be given at least 25 days to pay
the civil penalty (rather than "additional time to pay the civil penalty
imposed equal to the amount of time that the person had to pay the
original violation upon issuance" as provided by the introduced bill, as
amended). Provides that a municipality or county operating an automated
traffic law enforcement system shall conduct a statistical analysis to
assess the safety impact of each automated traffic law enforcement
system at an intersection following installation of the system and
provides further details about the study. Provides that if the
statistical analysis for the 36 month period following installation of
the system indicates that there has been an increase in the rate of
accidents at the approach to the intersection monitored by the system,
the municipality or county shall undertake additional studies to
determine the cause and severity of the accidents, and may take any
action that it determines is necessary or appropriate to reduce the
number or severity of the accidents at that intersection.
SB2951
VEH CODE-BICYCLIST SAFETY
625 ILCS 5/11-703 from Ch. 95 1/2, par. 11-703
Effective 1.1.11
Amends the Illinois Vehicle Code. Provides that a person driving a motor
vehicle shall not, in a reckless manner, drive the motor vehicle
unnecessarily close to, toward, or near a “bicyclist, pedestrian, or a
person riding a horse or driving an animal drawn vehicle”. Provides that
every person convicted of crowding or threatening a bicyclist shall be
guilty of a Class A misdemeanor if the violation does not result in
great bodily harm or permanent disability or disfigurement to another.
Provides that if a crowding or threatening a bicyclist violation results
in great bodily harm or permanent disability or disfigurement to
another, the person shall be guilty of a Class 3 felony.
SB3169
ID CARDS--NON-EXISTENT ADDRESS
15 ILCS 335/14A
from Ch. 124, par. 34A
625 ILCS 5/6-301.1
from Ch. 95 1/2, par. 6-301.1
Effective 1.1.11
Amends the Illinois Identification Card Act. Provides that information
concerning a non-existent address used to obtain an identification card
is false information for the purposes of a particular provision of the
Act. Amends the Illinois Vehicle Code. Provides that information
concerning a non-existent address used to obtain a driver's license or
permit is false information for the purposes of a particular provision
of the Code. Provides that false information also includes, among other
things, any photograph that falsifies all or in part the actual identity
of the individual issued a license.
SB3272
VEH CODE-SAFETY BELT-PASSENGER
625 ILCS 5/12-603.1
from Ch. 95 1/2, par. 12-603.1
Effective 1.1.11
Amends the Illinois Vehicle Code. Requires the driver of a motor vehicle
transporting a passenger who is unable, due to infirmity, illness, or
age, to properly adjust and fasten a seat safety belt and is not
exempted from wearing a seat safety belt to secure the passenger in a
properly adjusted and fastened seat safety belt.
SB3309
VEH CODE-PARKING OBSTRUCTION
625 ILCS 5/11-1301.8 New Effective 1.1.11
Amends the Illinois Vehicle Code. Provides that no property owner shall
allow any unreasonable obstruction of a designated aisle or parking
place specifically reserved for persons with disabilities after 24 hours
following the conclusion of an adverse weather event. Provides that no
property owner shall allow the accumulation of debris or large objects,
such as trash containers, to unreasonably obstruct any designated aisle
or parking place specifically reserved for persons with disabilities
without providing suitable and equivalent alternative parking spaces
on-site. Provides that a person who violates these provisions shall be
guilty of a petty offense and pay a fine of not more than $250.00.
SB3616
VEH CODE-DUI ADMIN SANCTIONS
625 ILCS 5/11-501.01
705 ILCS 105/27.5
from Ch. 25, par. 27.5
705 ILCS 105/27.6
Effective 1.1.11
Amends the Illinois Vehicle Code and Clerks of the Court Act. Increases
the amount of an administrative sanction imposed in addition to other
penalties and liabilities upon a person who is found guilty of or pleads
guilty to violating the DUI provision of the Illinois Vehicle Code from
$500 to $750. Makes corresponding changes in the Clerks of the Court
Act. Makes technical changes in provisions concerning disbursement of
money collected by circuit clerks of the court. Changes the distribution
formula by distributing $350 of the $750 fee (rather than $150 of the
$750 fee, as provided in the introduced bill) to the law enforcement
agency that made the arrest and distributing $400 of the $750 fee
(rather than $600 of the $750 fee, as provided in the introduced bill)
to the State Treasurer for deposit into the General Revenue Fund.
SB3796
VEH CODE-EXCESSIVE SPEEDING
625 ILCS 5/11-601.5
730 ILCS 5/5-6-1 Effective 1.1.11
from Ch. 38, par. 1005-6-1
Amends the Illinois Vehicle Code. Provides that a person who drives a
vehicle upon any highway of this State at a speed that is 30 miles per
hour or more but less than 40 miles per hour in excess of the applicable
maximum speed limit established under the Illinois Vehicle Code or a
local ordinance commits a Class B misdemeanor. Provides that the Act may
be referred to as Chris and Katie’s Law. Amends the Unified Code of
Corrections. Provides that a person charged with driving a vehicle upon
any highway of the State at a speed that is 40 miles per hour or more in
excess of the applicable maximum speed limit established by the Illinois
Vehicle Code or a local ordinance may not receive an order of
supervision.
SB3803
ROADSIDE MEMORIAL-RECKLESS DRIVERS 605 ILCS 125/23 New
Effective 1.1.11
Amends the Roadside Memorial Act. Provides that the Department of
Transportation shall, upon application, erect and maintain roadside
markers to identify the locations where persons were killed in accidents
involving reckless drivers. Establishes requirements for the application
for placement of the markers and for the markers themselves similar to
the current provisions of the Roadside Memorial Act concerning DUI
memorial markers. Provides that the Department of Transportation shall
report to the General Assembly no later than October 1, 2011 on the
evaluation of the program and the number of fatal accident memorial
marker requests. Repeals the amendatory Act on December 31, 2011.
SB3091
SNOWMOBILES-REGISTRATION/INS
625 ILCS 40/3-1
from Ch. 95 1/2, par. 603-1
625 ILCS 40/3-2
from Ch. 95 1/2, par. 603-2
625 ILCS 40/3-5
from Ch. 95 1/2, par. 603-5
625 ILCS 40/3-8
from Ch. 95 1/2, par. 603-8
625 ILCS 40/3-11
from Ch. 95 1/2, par. 603-11
625 ILCS 40/3-12 new
625 ILCS 40/3-13 new
625 ILCS 40/9-2
from Ch. 95 1/2, par. 609-2
Effective 4.1.11
Amends the Snowmobile Registration and Safety Act. Provides that
operating a snowmobile requires it to be registered and numbered under
the Act. Raises the new, transfer-renewal, and renewal snowmobile
registration fee from $18 to $30 and to $45 for the registration years
beginning on or after January 1, 2017. Provides that 50 percent (rather
than 33 percent) of those collected fees and trail use sticker fees
shall be deposited into the Snowmobile Trail Establishment Fund, a
special fund in the State treasury. Provides that snowmobiles that are
not registered and numbered and that are not exempt from the
registration and numbering requirement are required to display a trail
use sticker, and the cost of the sticker is $25. Provides that no person
shall operate, register or maintain registration of, and no owner shall
permit another person to operate, register or maintain registration of,
a snowmobile in this State unless the snowmobile is covered by a
liability insurance policy. Provides that a person who is a resident of
this State and operates a snowmobile in this State must register and
number the snowmobile in this State and a person who is not a resident
and operates a snowmobile in this State must either register and number
the snowmobile in this State or obtain a trail use sticker. Provides
that the mandatory insurance provision does not apply to a person
operating a snowmobile on their own property that is not a posted
snowmobile trail, and property other than a posted snowmobile trail in
which the owner of the property has given his or her written or oral
consent to the person to operate a snowmobile on the property. Provides
that a person convicted of violating the mandatory insurance provision
shall be required to pay a fine in excess of $500, but not more than
$1,000.00.
SB3732
VEH CODE-AGG DUI PI TEST REFUSAL-REVOKE
625 ILCS 5/1-197.6 new
625 ILCS 5/2-118.1
from Ch. 95 1/2, par. 2-118.1
625 ILCS 5/6-106.1a
625 ILCS 5/6-118
from Ch. 95 1/2, par. 6-118
625 ILCS 5/6-206
from Ch. 95 1/2, par. 6-206
625 ILCS 5/6-208.1
from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-303
from Ch. 95 1/2, par. 6-303
625 ILCS 5/6-520
from Ch. 95 1/2, par. 6-520
625 ILCS 5/11-500
from Ch. 95 1/2, par. 11-500
625 ILCS 5/11-501.8
725 ILCS 5/115-15
Effective July 1, 2011
Amends the Illinois Vehicle Code. Defines a "statutory summary
revocation". Provides that refusal to submit to chemical testing after a
person was involved in a motor vehicle accident that caused serious
personal injury or death to another will result in the statutory summary
revocation of the person's privilege to operate a motor vehicle and will
also result in the disqualification of the person's privilege to operate
a commercial motor vehicle if the person is a CDL holder. Provides for a
right to a judicial hearing after a summary revocation. Provides that a
person may apply to have his or her driving privileges reinstated after
one year after revocation and provides for license reinstatement fees.
Makes corresponding changes in the Code of Criminal Procedure of 1963.
Reproduced with Permission from Attorney Steven W. Baker
Legislative Liaison
Cook County Public Defender’s Office
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